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4. All employees on star routes and in post offices of the third and fourth classes other than postmasters of the fourth class in Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Wisconsin, and Michigan.1

5. One auditor at the post office in New York City.

6. Clerks in charge of contract stations, appropriated for as such and so reported. 7. Chief post-office inspector.

VIII. DEPARTMENT OF THE INTERIOR.2

1. The superintendent of the Hot Springs Reservation.
2. One special land inspector and four special inspectors.

3. Inspectors of coal mines in the Territories.

4. Temporary clerks employed in the United States local land offices to reduce testimony to writing in contest cases, not paid from Government funds.

5. Indians employed in the Indian Service at Large, except those employed as superintendents, teachers, manual training teachers, kindergartners, physicians, matrons, clerks, seamstresses, farmers, and industrial teachers.

6. Special commissioners to negotiate with Indians, as the necessity for their employment may arise.

7. One financial clerk at each Indian agency to act as agent during the absence or disability of the agent.

8. Physicians employed in the Indian Service and receiving not more than $720 per annum salary, who may lawfully perform their official duties in connection with their private practice, such employment, however, to be subject to the approval of the commission.

9. All physicians employed as pension examining surgeons, whether organized in boards or working individually under the direction of the Commissioner of Pensions. This paragraph shall not include medical examiners in the Pension Office.

10. Five special pension examiners to investigate fraudulent and other pension claims of a criminal nature.

11. Six special agents of the General Land Office to investigate fraudulent entries and other matters of a criminal nature.

12. Consulting engineers of the Reclamation Service under the Geological Survey. 13. One confidential clerk and one record clerk to the superintendent of the Government Hospital for the Insane.

14. One private secretary to the Director of the Geological Survey.

15. Superintendents of live stock, stockmen, stock detectives, and line riders in

the Indian Service.

16. Special officers to assist in the suppression of the liquor traffic in the Indian Service.

17. Superintendent of Indian Insane Asylum, Canton, S. Dak.

18. Special agent for the Chippewa Indians of Lake Superior.

19. One Indian trade supervisor.

20. Superintendents or officers in charge of national parks or reservations.

21. Chief law officer in the Reclamation Service.

22. Scouts, buffalo keepers, assistant buffalo keepers, and park rangers in the national parks.

23. One histopathologist temporarily engaged in research work at the Government Hospital for the Insane.

24. One specialist in higher education in the Bureau of Education.

25. The Assistant to the Secretary in the Office of the Secretary of the Interior.3

IX. DEPARTMENT OF AGRICULTURE.2

1. Agents, experts, and student assistants for temporary duty employed in making investigations and furnishing information for the department, as provided by law, or under the direction of the head of the department, which agents, experts, and student assistants shall be borne on the rolls as such and be actually engaged in the

1 As amended May 26, 1911.

2 See excepted positions in this department under heading "The Entire Classified Service."

3 Amendment of Apr. 21, 1911.

duties for which they were appointed, and whose payment has been authorized by law, provided that the salary of such student assistants shall not exceed a rate of $300 per annum each while employed.

"An agent is one who is employed to act for or to represent the Department of Agriculture in some locality or territory outside of Washington, and whose duties are of such a temporary or special character or whose compensation is so low as to render it impracticable to adequately fill the position by open competitive examination.

An expert is one who has such rare, peculiar, or unusual skill or experience in some department or

branch of knowledge as to render his qualifications essentially different from or superior to those required of any classified employees in competitive positions and not likely to be possessed in an equal or superior degree by other persons who might be available for appointment." (Regulations approved Apr. 17, 1905, and minute of commission Jan. 23, 1908.)

2. One statistical agent in each State and Territory where authorized by law. 3. Grards, field assistants for reconnaissance parties, guides, cooks, packers, teamsters, choppers, and skilled laborers employed temporarily during the season of danger from fires, or when other special work requires additions to the regular Forest Service force. They shall serve only as long as absolutely required and in no case more than six months in any one year, except in the case of forest guards, whose employment shall not be so limited. So far as the commission may deem practicable, such appointments shall be made from the registers of eligibles for forest rangers.

X. ISTHMIAN CANAL COMMISSION.1

2

1. All officers and employees in the service of the Isthmian Canal Commission upon the Isthmus of Panama except those who are to perform the duties of clerk, bookkeeper, stenographer, typewriter, surgeon, physician, trained nurse, or draftsman. Appointments to clerical positions on the Isthmus of Panama paying not more than $75 in gold per month may be made without examination under the civil-service rules. No person appointed to the service on the Isthmus of Panama otherwise than through competitive examination, or by transfer or promotion from a competitive position, shall be transferred to a competitive position, unless he was classified by the Executive order of November 15, 1904, in a position which was then and is at the time of the proposed transfer in the competitive service.

2. One inspecting engineer and inspectors in the purchasing department.

XI. DEPARTMENT OF COMMERCE AND LABOR.1

1. All persons temporarily connected with the field operations of the Bureau of Fisheries who are paid from lump appropriations for miscellaneous expense. No person employed in a position specifically provided for by statute at any station shall be regarded as excepted from examination hereunder.

2. Shipping commissioners whose compensation for the fiscal year ending June 30, 1907, was, as shown by the records in the Department of Commerce and Labor, $2,500 or over.3

3. Commercial agents to investigate trade conditions abroad and in the United States, including the insular possessions, with the object of promoting the foreign commerce of the United States.4

SCHEDULE B.

CLASSIFIED POSITIONS WHICH MAY BE FILLED UPON NONCOMPETITIVE EXAMINATION.

The noncompetitive examinations authorized under Rule III, clause 2, shall consist of the same tests of fitness as those applied to other persons seeking appointment through competitive examination.

I. INTERIOR DEPARTMENT.

1. Superintendent, teacher, manual training teacher, kindergartner, physician, matron, clerk, seamstress, farmer, and industrial teacher, in the Indian Service at Large when filled by Indians.

1 See excepted positions in this department under heading "The Entire Classified Service."
As amended July 17, 1906.

This order applies to the ports of New York, San Francisco, Port Townsend, and Boston.

♦ Amendment of Sept. 4, 1911.

23175°-12-7

2. Messenger, assistant messenger, and messenger boy, in the Office of Indian Affairs when filled by Indians.

3. Any competitive position at an Indian school when filled by the wife of a competitive employee at that school.

4. Miners whether employed in rescue or first-aid work at rescue stations, on rescue cars, or at experimental mines, under the Bureau of Mines: Provided, That should the Civil Service Commission at any time have reason to believe that the privilege so afforded is abused it may revoke it.

II. INTERSTATE COMMERCE COMMISSION.

1. Not exceeding 20 special agents under the division of prosecutions and 10 inspectors under the hours of service division, subject to such evidence of qualification as the Civil Service Commission may prescribe after consultation with the Interstate Commerce Commission: Provided, That should the Civil Service Commission at any time have reason to believe that the privilege so afforded is abused it may revoke it. 2. Inspector of safety appliances.

LABOR REGULATIONS.

REGULATIONS GOVERNING APPOINTMENTS IN WASHINGTON.

[As promulgated Nov. 15, 1904, and amended July 12, 1905, and Oct. 21, 1908.]

In the exercise of power conferred by section 1753 of the Revised Statutes, the President makes the following regulations to govern the selection of unskilled laborers for appointment or employment in the Executive civil service with a view of securing physical fitness and efficiency and of excluding other considerations.

REGULATION I.

The head of each department and independent executive office may designate one of its employees to serve as a member of a board of labor employment. The Civil Service Commission shall supervise and direct the work of the board and its representative on the board, and, in the absence of other members, shall perform the duties of the board.

REGULATION II.

Applicants must be citizens of the United States, physically and mentally qualified, of good character and habits, and of requisite experience as attested by vouchers. Age limits may be prescribed by the commission with the approval of appointing officers. Deception or fraud in any material fact shall be good cause for refusing the application or for removal from the service.

REGULATION III.

The ratings of applicants shall be based upon their relative ability to perform manual labor as shown by their physical condition, which shall be ascertained by physicians in the Federal service detailed therefor. An applicant away from Washington may be examined by his local physician in the manner prescribed by the board and the ratings based thereon; but after selection and before appointment the applicant must appear before the Government physician in Washington for re-marking, and any serious discrepancy shall disqualify for appointment.

"In the examination for laborers the highest mark is 98, and for defects deduction is made from 100 in fives or multiples to 70, all below 70 being rejected. A male to be marked 98 must weigh not less than 160 pounds, be of corresponding stature, and able to lift, shoulder, and easily carry a mail bag and contents weighing 125 pounds. He must be free from physical defects, organic and functional, and in such general condition of vigor and health that there is a reasonable prospect of his being useful for twenty years. Preference is given to men who are heavier

than the average, provided, of course, that the chest expansion is normal and the waist measure not excessive. Females are given a maximum rating of 95. The examination is of a modified character, and the test of strength omitted. The same method of certification is pursued as in the classified service, except that Civil War veterans are certified next after the veterans preferred under section 1754, Revised Statutes, and both are certified before all others." (Commission's circular No. 1725, June, 1910.)

REGULATION IV.

The board shall enter upon registers, showing the kind of labor in which proficient, the names of applicants rated at 85 or more in the order of their ratings, except that eligibles preferred under section 1754, Revised Statutes, rated at 85 or more, and honorably discharged veterans of the Civil War rated at 85 or more, shall have priority. The period of eligibility shall be one year. Eligibles on existing labor registers shall be transferred in the order of their physical ratings to the new registers for the remaining period of eligibility.

REGULATION V.

When an appointment or employment of an unskilled laborer is to be made, the appointing officer shall request the board to certify eligibles, stating the principal duties of the position. If in the opinion of the board the duties are of the grade performed by classified employees, the facts shall be referred to the Civil Service Commission to determine the status of the position as classified or unclassified under section 3 of civil-service Rule XIII, and the vacancy shall be filled in accordance with such finding.

"Certification from the unskilled-laborer register must not be made for positions whose principal duties are:

Duties which require educational qualifications; duties of watchman, messenger, or similar work; duties pertaining to the mechanical trades or other similar skilled occupations; duties in which the employee exercises supervision; duties requiring dexterity or skill not likely to be possessed by the ordinary day laborer.

The following summary fairly represents the classes of duties which may be considered unclassified:

Attending furnace; cleaning apparatus, boilers, bottles, building, cans, floors, offices, rooms, tools, etc.; care of animals, carriages, harness, lights,

rooms, water coolers, etc.; carting; driving; dusting; handling ashes, coal, forage, freight, fuel, heavy cases, hides, ice, merchandise, snow, sugar cans, etc.; hostler; laying carpets and taking them up; loading and unloading wagons; moving furniture, supplies, etc.; oiling trucks; piling merchandise, policing grounds (i. e., keeping them clean); polishing, porter; public-store laborer (i. e., handling merchandise which is being placed in bond and withdrawn from bond); putting up awnings and taking them down; scrubbing; stableman; storing supplies, sweeping; teaming; trucking; washing cans, windows, globes, etc.; weigher's laborer (i. e., handling merchandise at the scales)." (Commission's circular No. 1725, June, 1910.)

REGULATION VI.

If the status of the position is determined to be that of an unskilled laborer, the board shall certify from the proper register the names of the three persons at the head thereof having the requisite qualifications, which have not been three times certified to the appointing officer. The appointing officer shall select one or more of such persons, unless he shall offer objections which the board, with the approval of the commission, may deem sufficient, in which case a new certificate shall be issued omitting the names of those to whom objection has been made.

REGULATION VII.

Appointment or employment for temporary service shall be made as far as practicable as appointments to permanent positions. Where the needs of the service require, the board may authorize the temporary appointment of any eligible or of a person whose name is not on any register; but no person shall render more than thirty days' temporary service in any period of twelve months where appointed out of his turn, or outside these regulations, except as provided in Regulation XI hereof.

REGULATION VIII.

A laborer separated without misconduct shall be eligible to be restored to the register for his remaining period of eligibility, or for reinstatement in the same department or office upon certificate of the board, within one year from the date of separation.

REGULATION IX.

An employee in good standing, after at least six months' service, may be transferred to another department or office upon certificate of the board to any position requiring like qualifications.

REGULATION X.

Thirty days after the date hereof the board shall organize and be given all existing registers and all applications then in the possession of the existing board for rating and transfer to the new registers. Upon the establishment of such new registers the board shall notify appointing officers that it is prepared to certify eligibles, and thereafter no appointment or employment of an unskilled laborer shall be made except in accordance with these regulations.

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