the matter of granting leaves the subject of general regulations. Such regulations, when duly promulgated, and not in conflict with the law on the subject, are binding on all employees concerned, who are chargeable with the knowledge of the existence of such regulations." (XXII Dec. of Comp. of Treas., 103; decision of Aug. 23, 1915.) It is hereby ordered that from June 15 to September 15 of each year until further notice, four hours, exclusive of time for luncheon, shall constitute a day's work on Saturdays for all clerks and other employees of the Federal Government, wherever employed; and Leave of members of National trict of Columbia. all Executive or other orders in conflict herewith, except the Executive order of April 4, 1908, relating to certain naval stations, are hereby revoked. Provided, however, that this order shall not apply to any bureau or office of the Government, or to any of the clerks or other employees thereof, that may for special public reasons be excepted therefrom by the head of the department having supervision or control of such bureau or office, or where the same would be inconsistent with the provisions of existing law. (Executive order of June 9, 1914.) SEC. 49. That all officers and employees of the United Guard of the Dis-States and of the District of Columbia who are members of the National Guard [of the District of Columbia] shall be entitled to leave of absence from their respective duties, without loss of pay or time, on all days of any parade or encampment ordered or authorized under the provisions of this act. (25 Stat., 772, Mar. 1, 1889.) Service by Government employ tional Guard. That section 49 of "An act to provide for the organiees in the Na-zation of the Militia of the District of Columbia," approved March 1, 1889, shall be construed as covering all days of service which the National Guard, or any portion thereof, may be ordered to perform by the commanding general. (32 Stat., 615, July 1, 1902.) Leave of members of the National Guard. Leave of members of Officers' SEC. 80. All officers and employees of the United States and of the District of Columbia who shall be members of the National Guard shall be entitled to leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shall be engaged in field or coast-defense training ordered or authorized under the provisions of this act. (39 Stat., 203, act of June 3, 1916.) * * * Provided further, That all officers and emReserve Corps. ployees of the United States or of the District of Columbia who shall be members of the Officers' Reserve Corps shall be entitled to leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shall be ordered to duty with troops or at field exercises, or for instruction, for periods not to exceed fifteen days in any one calendar year. (Army appropriation act, approved May 12, 1917.) Hours of labor. and mechanics on SECTION 1. That the service and employment of all lahours for laborers borers and mechanics who are now or may hereafter be Government employed by the Government of the United States, by the District of Columbia, or by any contractor or sub work. contractor upon any of the public works of the United States or of the District of Columbia, is hereby limited and restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the United States Government or of the District of Columbia or any such contractor or subcontractor whose duty it shall be to employ, direct, or control services of such laborers or mechanics to require or permit any such laborer or mechanic to work more than eight hours in any calendar day except in case of extraordinary emergency. In a recent case in the district of Massachusetts Judge Dodge defined the phrase "in case of extraordinary emergency" as follows: "An extraor dinary emergency, such as is contemplated by the act, is the sudden, unexpected happening of something not of the usual, customary, or regular kind, demanding prompt action to avert imminent danger to life, limb, health, or property. The possibility of danger is not enough. The peril must be certain, unusual, imminent, and actual in order to constitute an extraordinary emergency such as the statute contemplates." Judge Dodge also ruled that probable pecuniary loss to the contractor, unless due to an extraordinary emergency, as defined above, is only an ordinary business risk. (Circular letter, Oct. 31, 1906, from Attorney General to United States attorneys.) lation by officer or contractor. SEC. 2. That any officer or agent of the Government of Penalty for viothe United States or of the District of Columbia, or any contractor or subcontractor whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon any of the public works of the United States or of the District of Columbia who shall intentionally violate any provision of this act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall upon conviction be punished by a fine not to exceed one thousand dollars or by imprisonment for not more than six months or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof. (27 Stat., 340, Aug. 1, 1892.) ADMINISTERING OATHS. Members of the Civil Service Commission and its duly Authority. authorized representatives are hereafter authorized to administer oaths to witnesses in any matter depending before the Civil Service Commission. (37 Stat. L., 372, act of Aug. 23, 1912.) thority to pre concerning appointment. STATUTES AFFECTING THE CLASSIFIED SERVICE.1 DIRECTORY STATUTES.2 President's au- SEC. 1753. The President is authorized to prescribe scribe regulations 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. (R. S., act of Mar. 3, 1871.) regulations. Departmental 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. (R. S., act of Aug. 15, 1876.) "The regulation of a department of the Government is not, of course, to control the construction of an act of Congress when its meaning is plain, but when there has been a long acquiescence in a regulation, and by it rights of parties for many years have been determined and adjusted, it is Clerkships open to women. not to be disregarded without the moscogent and persuasive reasons.' (Robt ertson v. Downing, May 14, 1888, 127 U. S., 613.) (Upon this general subject see also Opinions of Attorneys General: 10 Op., 469; 11 Op., 109; 15 Op., 94; 22 Op., 167; and 22 Op., 266.) 3 SEC. 165. 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 compensation, as are prescribed for men. (R. S., act of July 12, 1870.) 1 For statutes permitting appointments without reference to the civil-service act, see p. 83. 2 These statutes either authorize or direct certain ways of conducting the public business which falls within the purview of the civil-service act and rules, and depend upon administrative discipline for their enforcement. 3 The general subject of the legal force of regulations is treated at length in "Remarks on the Army Regulations and Executive Regulations in General," by G. Norman Lieber, Judge Advocate General, United States Army (1898). 14 "No married woman will be appointed to a classified position in the Postal Service, or will any woman occupying a classified position in the Postal Service be reappointed to such position when she shall marry, provided that these prohibitions shall not affect the appointment or reappointment of postmasters at fourth-class offices." (Sec. 157, Postal Laws and Regulations, Edition of 1913.) All married women, regardless of whether they are living separate from their husbands and supporting themselves, or whether their husbands, through incapacity, are dependent upon them for support, are excluded from examinations for the Post Office Service. (Minute of commission, June 1, 1915.) This prohibition does not apply to divorced women. in reduction of force. That in making any reduction of force in any of the Preference 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. (19 Stat. L., 169, act of Aug. 15, 1876.) SEC. 166. 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 allowed by law as he may find it necessary and proper to do. (R. S., act of Mar. 3, 1853.) 'preference in apcivil offices. to SEC. 1754. Persons honorably discharged from the War veteran military or naval service by reason of disability result-pointments ing 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. (R. S., act of Mar. 3, 1865.) The joint resolution of March 3, 1865 (sec. 1754, R. S.), considered in connection with the act of March 3, 1871, chapter 114 (sec. 1753, R. S.), is construed to mean that honorably discharged soldiers and sailors are not exempt from liability to examination for admission into the civil service, but that they are entitled to a preference for appointment as against other persons of equal qualifications for the place. (Opinion Atty. Gen., Aug. 13, 1881, 17 Op., 194.) Preference under 1754, Revised Statutes, is not subject to the law of apportionment and extends over all others on the eligible list irrespective of their ratings. (Opinion Atty. Gen., May 12, 1910, 28 Op., 298.) * "These sections (1754 R. S. and 19 Stat., 169, sec. 3) do not contemplate the retention in office of a clerk, who is inefficient, nor attempt to transfer the power of determining the question of efficiency from the heads of departments to the courts. * * The preference, and it is only a preference, is to be exercised as between those 'equally qualified,' and this petitioner was discharged because of inefficiency. (Keim v. U. S., 1900, 177 U. S., 290.) Preference under this section applies only to original entrance to the service and not to promotion. (Minute of commission, Apr. 18, 1896.) and transfers of clerks. office. Post Assignments In the assignment or transfer of clerks from the Railrailway mail Pat way Mail Service, however, preference shall be given to the persons honorably discharged from the military or naval service who served in the Civil War and who are now serving as clerks on the railway mail cars in order that they may be transferred to clerical service in the department or in the post offices and relieved from service on said cars as rapidly as practicable, provided they are found to possess the business capacity necessary for the proper discharge of the duties of the offices to which they may be transferred. (33 Stat. L., 1088, act of Mar. 3, 1905.) County dence. resi- * * * That hereafter every application for examination before the Civil Service Commission for appointment in the departmental service in the District of Columbia shall be accompanied by a certificate of an officer, with his official seal attached, of the county and State of which the applicant claims to be a citizen, that such applicant was, at the time of making such application, an actual and bona fide resident of said county, and had been such resident for a period of not less than six months next preceding. Residence and domicile. But this provision shall not apply to persons who may be in the service and seek promotion or appointment in other branches of the Government. * * * (26 Stat. L., 235, act of July 11, 1890.) * * * Hereafter all examinations of applicants for positions in the Government service, from any State or Territory, shall be had in the State or Territory in which such applicant resides, and no person shall be eligible for such examination or appointment unless he or she shall have been actually domiciled in such State or Territory for at least one year previous to such examination. (36 Stat. L., 1, act of July 2, 1909.) In so-called "nonassembled" examinations held by the Civil Service Commission it has required competitors to show that they have been actually domiciled in the State or Territory in which they reside for at least one year previous to the examination, and where a competitor is temporarily absent from his State at the time of filing his application he is not required to return to such State for the purpose either of filling out his application and making oath to it or of furnishing the other data and information required in connection with his examination. These examinations are not "had" at any par ticular place, and Congress in enacting of The residence and domicile restrictions contained in the first proviso of |