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EMPLOYMENT.

Section. 153-155

156 157 158

Civil employment:

Not forfeited by reason of military service..
Leave of absence may be granted...
Temporary assistants employed..

Name restored to civil service list.
Honorably discharged soldiers:

Civil service examination..
Employment.....
Retained in office..
Retirement..

159 160–162 163, 164

165

153. Office or employment shall not be forfeited by reason of military service.-No officer or employee of the State or any of its civil divisions shall forfeit or have forfeited his office or employment by reason of having heretofore or hereafter accepted any office or performed any service in connection with the national draft in pursuance of the act of Congress.

New York, Laws 1917, ch. 810. 154. Officer and employee who enters military service does not lose privileges.-Every officer and employee of the State or of any politicial subdivision thereof, who has entered or obligated himself to enter, or is required by draft or conscription to enter the Federal, military, naval, or marine service, or who shall enter such service, in case of an officer or employee of the State, with the consent of the governor, or of a city with consent of the mayor, or of any other political subdivision with consent of the board or officer appointing such employee, and shall perform military, naval, or other duty therein, and because thereof shall be absent from his duties as officer or employee of the State or its subdivisions, shall not during the period of the present war and for a period of two months thereafter be deprived, either directly or indirectly, by reason of such absence, of any privileges as officer or employee or be prejudiced with reference to promotion or continuance of employment, or reemployment or appointment.

New York, Laws 1917, ch. 435, sec. 245. 155. Officer or employee does not forfeit position while in active service.-Any appointive officer or employee of Pennsylvania in its civil service or that of any county, municipality, township, or school district who shall in time of war, or contemplated war enlist, enroll 113472–19 4

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or be drafted in the military or naval service of the United States or any branch or unit thereof, shall not be deemed to have resigned or abandoned his office or employment nor be removed therefrom, but if there be no other person authorized by law to perform the powers and duties of such officer or employee they shall be performed by a substitute.

Pennsylvania, Pub. Laws 1917, No. 201, p. 600. 156. Leave of absence may be granted when applicant is called into service. State and county officers may be granted leave of absence from office to serve in the volunteer forces of the United States or in the National Guard of Florida or in the Regular Army or Navy when the same shall be called into the active service of the United States during war between the United States and a foreign government. The governor may grant leave on application but such leave does not extend beyond term of office and the office will be filled at the expiration of said term. A capable and competent deputy shall be appointed by such officer to fill his place. Such officer shall furnish additional bond. Provision applies only to such officers as are authorized to appoint deputies. The acts of such deputies bind the officers.

Florida, Gen. Laws 1917, ch. 7393, p. 270. 157. Temporary assistants may be employed to fill vacancies.Heads of departments and bureaus of the Territory are authorized to employ temporary assistants, subordinates, or employees where the regular incumbents shall be called into active service as members of the Regular Army or the National Guard.

Hawaii, Laws 1917, Act 151. Similar provision: Massachusetts, Gen. Acts 1918, ch. 160, 185; Rev. Laws 1902, ch. 19, sec. 25.

158. Name shall be restored to civil service list.--A person whose name is on any elgible list of the civil service at the time of entering the military or naval service of the United States in time of war shall be suspended from such list; but upon his request, at any time within one year after his honorable discharge, his name shall be restored for the remainder of the period of eligibility, if he files the certificate of a registered physician that he is not physically disabled or incapacitated.

Massachusetts, Gen. Acts 1918, ch. 160. Similar provision: New York, Laws 1918, ch. 211.

159. Civil service examination. In civil service examinations no applicant shall be admitted to examination who is not a citizen of the Philippine Islands or of the United States, or an honorably discharged soldier, sailor, or marine of the United States, but the requirement of citizenship may be waived by the Governor General.

Philippine Islands, Laws 3d Legis. 1915, sec. 711.

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160. Reemployment of discharged soldiers.--A committee is named to investigate the best means to readjust to a peace basis the “young men who abandoned their occupations and relinquished their business in order to serve their country and return to find their occupations gone and their business dissipated, and themselves without money."

California, Assembly Concur. Res., January 24, 1919. 161. Employment of honorably discharged soldiers.—Honorably discharged soldiers and sailors of the War of the Rebellion shall be preferred for appointment and employment in every public department and on all public works of the State and its counties, cities, and towns, if competent. They shall not be disqualified by age or physical disability if these do not render them incompetent to perform the duties.

Colorado, Laws 1911, ch. 210. Similar provisions, including soldiers, sailors, and marines who served in the Spanish-American War, Philippine insurrection, China relief expedition: California, Stat. 1891, p. 289, sec. l; Connecticut, Gen. Stat. 1902, sec. 2876; 1 Gen. Stat. 1918, sec. 1907; Illinois, 4 Ann. Stat. 1913, par. 8278; Laws 1915, p. 322, sec. 1; Iowa, Supp. 1913 Code, sec. 1056a15–16; Kansas, Gen. Stat. 1915, sec. 9491; Massachusetts, Rev. Laws 1902, ch. 19, secs. 7, 20–24; Michigan, 1 Howell's Ann. Stat. 1912, sec. 733; Minnesota, Gen. Stat. Supp. 1917, sec. 3976; New Jersey, 4 Comp. Stat. 1910, p. 4871, secs. 59–65; New York, Laws 1917, vol. 3, p. 2792; New York, Const. art. 5, sec. 9; North Dakota, 1 Comp. Laws 1913, sec. 3186; Ohio, 6 Ann. Gen. Code 1910, secs. 12893-94; Oregon, Laws 1913, ch. 263; Perinsylvania, 4 Purdon's Dig. 1905, p. 4407; South Dakota, 1 Comp. Laws 1913, secs. 3242-43, p. 842; Washington, Laws 1915, ch. 129; Wyoming, Comp. Stat. 1910, ch. 30, sec. 291.

162. Employment of honorably discharged soldiers in Soldiers' Home.--Appointees and employees in the State soldiers' home shall be preferably made from honorably discharged Union soldiers and sailors and the wives, widows, and children of such. The matron shall be the widow, wife, mother, or daughter of a Union soldier or sailor

Indiana, 4 Burns' Ann. Stat. 1914, sec. 10090-1. 163. Honorably discharged soldiers shall be retained.--In reducing the force of any department in cities or towns of this State, the officers shall retain those persons who may be equally qualified who have been honorably discharged from military or naval service of the United States, and the widows and orphans of deceased soldiers and sailors.

Kansas, Gen. Stat. 1915, sec. 9493. Similar provision: New Jersey, 1 Comp. Stat. 1910, p. 511, sec. 136 (does not include orphans).

164. Honorably discharged soldiers shall not be removed from office.—No person holding a position by appointment or employment in the State of New York, or its several cities, counties, towns, or villages, who is an honorably discharged soldier, sailor, or marine, having served as such in the Union Army or Navy, or in the Army or Navy of the United States during the late War with Spain, or the incidental insurrection in the Philippines, shall be removed from such position except for incompetency or misconduct, shown after a hearing, upon due notice, upon the stated charges and with the right of review by certiorari. If the position shall become unnecessary or be abolished for reasons of economy or otherwise, such person shall be transferred to any branch for duty in such position as he may be fitted to fill, receiving the same compensation therefor.

New York, Laws 1910, ch. 264. Similar provisions: Massachusetts, Rev. Laws 1902, ch. 19, sec. 23; Michigan, 1 Howell's Ann. Stat. 1912, secs. 734–36; Minnesota, Gen. Stat. Supp. 1917, sec. 3977 Pennsylvania, 4 Purdon's Dig. 1905, p. 4408, sec. 3 (held unconstitutional), sec. 6.

165. Recommending the retirement of an honorably discharged soldier.-Any member of the board of estimates of Greater New York may, whenever in his judgment it shall be to the interest of the public service, recommend the retirement of any officer, clerk, or employee of New York, who has served for a period of twenty years, and is an honorably discharged soldier, sailor, or marine of the War of the Rebellion.

New York, Laws 1912, ch. 479. EXPATRIATION.

Right of expatriation...

Section. 166, 167

166. Right of expatriation.-Except in time of war, every citizen shall have the right of expatriation, with a view to become a citizen of another State or country not a part of the United States, with which this State is at peace. The declaration or avowal of such

. intention, accompanied by actual removal, is held a renunciation of all his rights and duties as a citizen. Until citizenship is acquired elsewhere, the person continues a citizen of this State and of the United States. A person and his descendants thus expatriated can only be citizens of this State again, after taking the oath of allegiance as in the case of other foreigners.

Georgia, 2 Park's Ann. Code 1914, sec. 2162. 167. Right of expatriation.-Whensoever any citizen of this State by deed in writing in the presence and subscribed by two witnesses and acknowledged or proved in the county court where he resides, or by open declaration made in such court and entered of record, shall declare that he relinquished the character of a citizen of this State and shall depart out of the same with the intention in good faith to remain absent therefrom such person shall from the time of his departure be considered as having exercised his right of expatriation so far as regards this State and shall not thenceforth be deemed a citizen thereof. When any citizen of this State shall reside elsewhere, and in good faith become a citizen of some other State of this Union or citizen or subject of a foreign state or sovereign, he shall not meanwhile be deemed a citizen of this State. No act of any citizen under this section shall have any effect if done while the United States shall be at war with a foreign power.

Kentucky, 1 Stat. 1915, sec. 333.

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