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ment, for the purpose of ascertaining the sufficiency thereof. (Act Mar. 2, 1895, 28 Stats., 807 and 808.)

31. Additional security and in larger amounts may from time to time be required of any person charged with the disbursement or application of money or goods on account of Indian affairs. (Sec. 2075, R. S.)

32. The giving of a renewal or a cumulative bond does not operate to release the sureties on the first bond from liability for future transactions, but the sureties on the old and new bonds are jointly and severally liable therefor. (Dig. Dec. Comp., p. 559.)

33. When an agent gives either a renewal or a cumulative bond without receiving a new appointment, he will thereafter be held under both; but in order that the liability of the sureties on each may be clearly defined, he will close his accounts under his old bond on the day preceding the date of the new one and open a new set of accounts under both bonds, commencing with and including the date of the new one. For example, should an agent execute such a bond on May 16, 1904, his accounts for the first fraction of the fourth quarter, 1904, embracing the period from April 1 to May 15, 1904, inclusive, would be rendered under the old bond, and those for the second fraction of the same quarter, from May 16 to June 30, 1904, would be rendered under both bonds.

34. All balances of public funds in the hands of an officer at the date of executing a new bond, except funds designated as "Individual Indian moneys," will be placed in a Government depository to the credit of the United States instead of being taken up and carried to account of the new bond. The transfer of any funds, except those specified, from one bond to another is expressly forbidden. (Cirs. 2d Compt., Apr. 13, 1839, and Sept. 27, 1854; see sec. 257.)

REGULAR EMPLOYEES.

35. Not more than ten thousand dollars shall be paid in any one year for salaries or compensation of employees regularly employed at any one agency, for its conduct and management, and the number and kind of employees at each agency shall be prescribed by the Secretary of the Interior and none other shall be employed: Provided, That where two or more Indian agencies have been or may hereafter be consolidated, the expenditure of such consolidated agencies for regular employees shall not exceed fifteen thousand dollars: Provided further, That salaries or compensation of agents, Indians, school employees of every description, and persons temporarily employed, in case of emergency, to prevent loss of life and property, in the erection of buildings, the work of irrigation, and making other permanent improvements, shall not be construed as coming within the limitations fixed by the foregoing. (Act June 7, 1897, 30 Stats., 90.)

36. On or before April 1 of each year the agent will prepare a list showing the number and kinds of employees, including police, which he considers necessary for the proper conduct of his agency for the ensuing fiscal year, the amount of compensation proposed to be paid in each case, for what purposes the services are to be engaged, the necessity therefor, and such other particulars as may be necessary to enable the Department to act advisedly and understandingly in the matter and forward the same to the Indian Office for consideration.

37. The law requires that Indians shall be employed in every position which they are capable of filling properly, and that the expense for white employees shall be reduced to the lowest possible limit. Where Indians are found competent to fill positions authorized for whites, the agent must recommend them for such positions, stating the character of the work to be performed and the ability and qualifications of the Indians selected. Where funds are available, each agency mechanic should have one or more Indian apprentices. (Act Mar. 3, 1875, sec. 5, 18 Stats., 449; Mar. 1, 1883, sec. 6, 22 Stats., 451.)

38. Estimates for agency and school employees will be submitted on separate lists.

39. When the lists shall have been revised by the Indian Office and the requisite authority obtained from the Secretary of the Interior, the agent will be notified of the number and kinds of employees it has been decided to allow his agency, the rate of compensation, and the length of time each is to be employed.

40. On the 1st of July annually, or as soon thereafter as practicable, agents will, unless otherwise instructed, submit reports containing descriptive statements of all regular employees for the ensuing fiscal year, the dates of their entrance upon duty under the authority for the establishment or renewal of their positions, the dates upon which they originally entered the Indian service, their legal or voting residence, and the rates of compensation at which they are to be paid. The forms to be used for such reports are No. 5-240 for agency employees, No. 5-241 for school employees, and No. 5-245 for Indian police.

41. All officers and regular employees at Indian agencies and schools of whatever function or designation, whether compensated by a fixed salary or otherwise, except persons employed merely as laborers, and Indian agents, whose appointments are subject to confirmation by the Senate, are in the classified service.

42. The following positions are, however, excepted from the requirements of examination and certification by the Civil Service Commission and consequently also from the civil-service rule governing the removal of employees:

(a) All Indians, except those employed as superintendents, teachers, manual-training teachers, kindergartners, physicians, matrons, clerks, seamstresses, farmers, and industrial teachers.

(b) Financial clerks.

(c) Physicians employed by contract at Indian schools and receiving not more than $720 per annum salary, who may lawfully perform their official duties in connection with their private practice, each employment, however, to be subject to the approval of the Civil Service Commission.

(d) Additional farmers.

. 43. All appointments in the classified service are made by the Commissioner of Indian Affairs-those to excepted positions (particularly in the case of Indians) upon the recommendation of agents or other persons having knowledge of the qualifications of the applicants, and those to nonexcepted positions by selection from the eligible register of the Civil Service Commission.

44. Appointments to nonexcepted positions are for a probationary period of six months. If at the end of that time the services of the employee are considered satisfactory he will be given a permanent appointment. The agent will in each case report as to the punctuality, industry, habits, ability, and adaptability of the probationer, and recommend whether he should be retained or dropped from the service. Such reports and recommendations will be submitted in time for the Indian Office to pass upon the same and notify the employee of his reappointment or relief before the expiration of his probationary term. 45. If an authorized position is vacant and the exigencies of the service require that it shall be filled before a regular appointment can be made, the agent may employ a suitable person and submit his nomination for temporary appointment on Form 5-240 or 5-241.

46. Indians may be appointed as superintendents, teachers, manualtraining teachers, kindergartners, physicians, matrons, clerks, seamstresses, farmers, and industrial teachers upon noncompetitive examinations, which shall consist of the same tests of fitness as those applied to persons seeking appointment through competitive examination. (C. S. Rules of Apr. 15, 1903.)

47. When required in the interests of good administration, such a noncompetitive examination may also be given to test the fitness of a classified employee not in the excepted class, for transfer or promotion from one position to another calling for different or higher qualifications, and also to test the fitness of the wife of the superintendent of an Indian school for appointment as teacher or matron in such school. (C. S. Rules of Apr. 15, 1903.)

48. All promotions, transfers, reductions, and dismissals will be made by the Commissioner of Indian Affairs, but agents may very properly recommend such changes from time to time as they believe to be for the best interest of the service.

49. No recommendation for the promotion of a classified employee shall be considered by any officer concerned in making promotions,

unless it be made by the person under whose supervision such employee has served; and such recommendation by any other person, if made with the knowledge and consent of the employee, shall be sufficient cause for debarring him from the promotion proposed, and a repetition of the offense shall be sufficient cause for removing him from the service. (C. S. Rules of Apr. 15, 1903.)

50. The only considerations that may be expected to influence the retention or promotion of a nonexcepted employee are character, conduct, efficiency, health, and general fitness for the duties required. Removals will be made only for causes such as immorality, insubordination, inefficiency, neglect of duty, and manifest physical disability. 51. When such an employee is guilty of an offense, or is inefficient to an extent that seems to warrant dismissal from the service, it is the duty of the agent to prefer written charges to the Indian Office, stating specifically the ground of complaint, and at the same time furnish a copy thereof to the accused. Within a reasonable time thereafter the latter may, through the agent, submit to the Commissioner of Indian Affairs a reply in writing, and in default of such a reply it will be considered that defense is waived. No examination of witnesses nor any trial or hearing shall be required or allowed except in the discretion of the Commissioner of Indian Affairs.

52. When, in his judgment, the interests of the service require such summary action the accused employee may be suspended by the agent from duty and pay, pending action upon the charges by the Indian Office. In all cases of suspension, report thereof, with a full explanation of the circumstances necessitating such action, must be submitted immediately to the Commissioner of Indian Affairs.

53. The Department will not undertake to regulate the conduct of its employees in respect to their personal business affairs, but gross, habitual commercial turpitude must be regarded as inconsistent with the qualities of character essential to honorable public service, and will be treated accordingly. (Dept. Circ., June 9, 1897.)

54. Should the position of an employee be abolished he will have to be dropped from the service, unless transferred to another position, and can have no claim against the Government for salary after being so dropped.

55. Employees who are separated from the service without delinquency or misconduct are eligible for reinstatement without examination at any time within one year to a position requiring the same kind of examination as the one from which they were separated: Provided, That the limitation as to time does not apply to persons who served in the United States Army or Navy during the civil war or the war with Spain, and were honorably discharged therefrom, nor to the widows and orphans of such persons, nor to any army nurse of either war.

56. All changes in the force of employees, whether caused by

72. At the close of each month a report of irregular employees will be prepared on the blanks provided for that purpose (Form 5-252) and submitted to the Indian Office for approval. Such reports will show the name and race of each irregular employee who rendered any service during the month, the character and object of the service, the number of days and the dates upon which each was employed, the rate of compensation of each, the authority or authorities for the employment, and the total indebtedness incurred under each authority, as well as the aggregate amount earned by all whose services are reported. Reports for agencies and schools will be submitted on separate blanks.

73. Employees to be designated as "irregular" and reported as required by the preceding section are (1) all who are paid a per diem rate of compensation, (2) those holding positions paying annual or monthly salaries whose services the agent is especially directed to so report, (3) those serving temporarily in positions of regular employees absent on leave without pay, and (4) school employees who receive salaries of $96 or less per annum. Labor performed by school pupils will not be submitted on reports of irregular service unless specific authority has been granted for their payment.

74. Irregular employees who receive an annual or monthly rate of compensation will be allowed pay for Sundays and legal holidays coming within their periods of service, but the beginning or ending of service on Sundays or holidays will not be permitted except when absolutely necessary.

75. Irregular employees who receive a per diem compensation will not be allowed pay for the Sundays coming within their periods of service unless it is clearly shown that they actually and necessarily worked on each Sunday for which compensation is claimed, nor Will per diem employees whose services are merely temporary be allowed pay for legal holidays coming within their periods of service unless actually and necessarily employed. (Act Jan. 6, 1885, 23 Stats., 516; Act Feb. 23, 1887, 24 Stats., 644; Act June 28, 1894, 28 Stats., 96; Fourth Comp. Dec., 499; Sixth Comp. Dec., 803; Seventh Comp. Dec., 278.)

76. In order to avoid small fractions and afford an even basis for calculation, no service will be reported for a less period than one quarter of a day. When an employee does not work during the entire day, his services will be reported as for one-quarter, one-half, or three-quarters of a day, as the case may be, and no other fractions will

be used.

77. The payment of pupils for work in connection with the conduct and maintenance of Indian schools while in session will not be permitted unless specifically authorized by the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior.

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