receive any gift or present offered or presented to them as a contribution from persons in Government employ receiving a less salary than themselves; nor shall any officer or clerk make any donation as a gift or present to any official superior. Every person who violates this section shall be summarily discharged from the Government employ. R. S. 1784.

By act Aug. 24, 1912, sec. 6, post, 52, employees in the classified civil service can be removed only after notice.

Notes of Decisions.

Constitutionality.-This section was held to be constitutional by the Supreme Court in Ex parte Curtis (1882) 106 U. S. 371.

Gifts to President.-The President can not properly accept presents from persons in the public service. (1903) 25 Op. Atty. Gen. 46.

105. Duties of chief clerks.-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. R. S. 173.

106. Monthly reports of chief clerks.-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. R. S. 174.

107. Action on report of chief clerk.-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. R. S. 175.

108. Disbursing clerks. The disbursing clerks authorized by law in the several Departments shall be appointed by the heads of the respective Departments, 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. R. S. 176.

Notes of Decisions.

Compensation of disbursing clerks.-Under the provision of act July 1, 1879, sec. 5, (21 Stat. 46), that the chief clerk of the

National Board of Health should act as disbursing agent for the board, and should "give bond, conformably to" this section,

and for such service should receive $300 per annum in addition to his salary, the Secretary of the Treasury had no authority, by reason of such reference to this section, to change the salary so allowed. Dunwoody v. U. S. (1887), 22 Ct. Cl. 269, 279.

Under the provisions of act Mar. 3, 1853, sec. 3, 10 Stat. 211, and of act Mar. 3, 1855, sec. 4, 10 Stat. 669, which

were incorporated into this section, a clerk of the State Department, appointed disbursing officer of that department, was not entitled to commissions in addition to his salary for receiving, keeping, and disburs ing to claimants the indemnity fund paid by Great Britain under the Convention of Feb. 8, 1853, which was not required by law to be paid into the Treasury. (1861), 10 Op. Atty. Gen. 31.

109. Acting disbursing clerks.-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. Sec. 8, act of Mar. 4, 1909 (35 Stat. 1027), making appropriations for sundry civil expenses.

Notes of Decisions.

Bond. The premium to be paid on bond of an acting or deputy disbursing clerk is not governed by act of Aug. 5, 1909 (36 Stat. 125), 240, post, relating to bonds running to the United States, and the rate may therefore be whatever the principal

and surety agree upon; but the surety on such a bond should be one authorized by 244-246, post, or such personal surety as may be acceptable to the proper authorities. (1909) 27 Op. Atty. Gen. 624.

110. Retirement of civilian employees. That beginning at the expiration of ninety days next following the passage of this Act, all employees in the classified civil service of the United States who have on that date, or shall have on any date thereafter, reached the age of seventy years and rendered at least fifteen years of service computed as prescribed in section 3 of this Act, shall be eligible for retirement on an annuity as provided in section 2 hereof: Provided, That mechanics, city and rural letter carriers, and post-office clerks shall be eligible for retirement at sixty-five years of age, and railway postal clerks at sixty-two years of age, if said mechanics, city and rural letter carriers, post-office clerks, and railway postal clerks shall have rendered at least fifteen years of service computed as described in section 3 of this Act.

The provisions of this Act shall include superintendents of United States national cemeteries, employees of the Superintendent of the United States Capitol Buildings and Grounds, the Library of Congress, and the Botanic Gardens, excepting persons appointed by the President and confirmed by the Senate, and may be extended by Executive order, upon recommendation of the Civil Service Commission, to include any employee or group of employees in the civil service of the United States not classified at the time of the passage of this Act. The President shall have power, in his discretion, to exclude from the operation of

this Act any employee or group of employees in the classified civil service whose tenure of office or employment is intermittent or of uncertain duration.

All regular annual employees of the municipal government of the District of Columbia, appointed directly by the commissioners, or by other competent authority including those receiving per diem compensation paid out of general appropriations, but whose services are continuous, and including public-school employees, excepting school officers and teachers, shall be included in the provisions of this Act, but members of the police and fire departments shall be excluded therefrom.

Postmasters, and such employees of the Lighthouse Service as come within the provisions of section 6 of the Act of June 20, 1918, entitled, "An Act to authorize aids to navigation and for other works in the Lighthouse Service, and for other purposes," shall not be included in the provisions of this Act. Sec. 1, act of May 22, 1920 (41 Stat. 614).

The above act provides for pensions varying from $180 to $720, according to length of service and salary received at the time of retirement, to be paid monthly during life, and 2 per cent of the basic salary, pay, or compensation of each employee is to be deducted for this purpose, to which each employee is deemed to consent. Upon transfer to an unclassified position or if absolutely separated from the service, such deposits may be refunded with interest at 4 per cent. Application for retirement must be filed by the employee with the Commissioner of Pensions, who administers under this act. All service under the Government, of whatever kind, is to be considered, including service in the Army, Navy, Marine Corps, or Coast Guard.

111. Retirement of disabled civilian employees.-That any employee to whom this Act applies who shall have served for a total period of not less than fifteen years, and who, before reaching the retirement age as fixed in section 1 hereof, becomes totally disabled for useful and efficient service by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on the part of the employee, shall upon his or her own application or upon the request or order of the head of the department, branch, or independent office concerned, be retired on an annuity under the provisions of section 2 hereof: Provided, however, That no employee shall be retired under the provisions of this section until examined by a medical officer of the United States or a duly qualified physician or surgeon or board of physicians or surgeons designated by the Commissioner of Pensions for that purpose and found to be disabled in the degree and in the manner specified herein.

Every annuitant retired under the provisions of this section, unless the disability for which retired is permanent in character, shall, at the expiration of one year from the date of such retirement and annually thereafter until reaching the retirement age as defined in section 1 hereof, be examined under direction of the Commissioner of Pensions by a medical officer of the United States, or a duly qualified physician or surgeon or board of physicians or surgeons designated by the Commissioner of Pensions for that purpose, in order to ascertain the nature and degree of the annuitant's disability, if any; if the annuitant recovers and is restored to his or her former earning capacity before reaching the retirement age, payment of the annuity shall be discontinued from the date of the medical examination showing such recovery; if the annuitant fails to appear for examination as required under this section, payment of the annuity shall be suspended until continuance of the disability has been satisfactorily established. The Commissioner of Pensions is hereby authorized to order or direct at any time such medical or other examination as he shall deem necessary to determine the facts relative to the nature and degree of disability of any employee retired on an annuity under this section.

Fees for examinations made under the provisions of this section by physicians or surgeons who are not medical officers of the United States shall be fixed by the Commissioner of Pensions, and such fees, together with the employee's reasonable traveling and other expenses incurred in order to submit to such examinations, shall be paid out of the appropriations for the cost of administer ing this act.

In all cases where the annuity is discontinued under the provisions of this section before the annuitant has received a sum equal to the total amount of his or her contributions with accrued interest, the difference shall be paid to the retired employee, or to his or her estate, upon application therefor in such form and manner as the Commissioner of Pensions may direct.

No person shall be entitled to receive an annuity under the provisions of this Act, and compensation under the provisions of the Act of September 7, 1916, entitled "An act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," covering the same period of time; but this provision shall not be so construed as to bar the right of any claimant to the greater benefit conferred by either Act for any part of the same period of time. Sec. 5, act of May 22, 1920 (41 Stat. 616).

112. Compensation for injury. That the United States shall pay compensation as hereinafter specified for the disability or death of an employee resulting from a personal injury sustained while in the performance of his duty, but no compensation shall be paid if the injury or death is caused by the willful misconduct of the employee or by the employee's intention to bring about the injury or death of himself or of another, or if intoxication of the injured employee is the proximate cause of the injury or death. Sec. 1, act of Sept. 7, 1916 (39 Stat. 742).

That all Acts or parts of Acts inconsistent with this Act are hereby repealed: Provided, however, That for injuries occurring prior to the passage of this Act compensation shall be paid under the law in force at the time of the passage of this Act: * * Sec. 41, act of Sept. 7, 1916 (39 Stat. 750).

Act of May 30, 1908 (35 Stat. 556), and subsequent legislation provided that employees in arsenals and others engaged in hazardous employment if injured were entitled to compensation proportioned to pay for one year.

Notes of Decisions.

or

"Injury."—A plate printer in the Bureau of Engraving and Printing whose right wrist was sprained in the course of his employment and without misconduct negligence on his part, which injury was complicated by a rupture of the synovial sac surrounding the ligaments leading from the back part of the forearm to the fingers, the injury continuing for more than 15 days, suffered "an injury" within the meaning of the act. (1909) 27 Op. Atty. Gen. 346. An employee may be injured in the course of his employment within the language of that statute without having suffered a definite accident. Id.

An artisan or laborer employed by the United States in the construction of river

146345-21-7

and harbor work who contracted a severe cold in the course of his employment resulting in pneumonia and which incapaci tated him for duty for a period lasting more than 15 days is not entitled to compensation under the act. (1910) 28 Op. Atty Gen. 254.

The word "injury" as used in the act is in no sense suggestive of disease, nor has it ordinarily any such significance. (1911) 29 Op. Atty. Gen. 254.

"Accident."-The word "injury" in the section is employed comprehensively to embrace all the cases of incapacity to continue work or employment unless the injury is due to the negligence or misconduct of the employee injured, and includes all cases where as a result of the employee's

97

construction of river and harbor work, while off duty, went upon a bin to talk with the man emptying gravel about going home the following Sunday, and in the act of leaving voluntarily and with no emergency for immediate action attempted to empty a box of gravel, and in so doing fell overboard and was drowned, the accident is deemed not to have arisen within the course of his employment, and compensation therefor is unauthorized under the act. (1912) 29 Op. Atty. Gen. 415.

Remedy. This act does not provide an exclusive remedy, so as to preclude a railway mail clerk from maintaining a personal injury negligence action. Dahn v. McAdoo (D. C. 1919), 256 Fed. 549.

113. No compensation during first three days of disability.-That during the first three days of disability the employee shall not be entitled to compensation except as provided in section nine. No compensation shall at any time be paid for such period. Sec. 2, act of Sept. 7, 1916 (39 Stat. 743).

114. Compensation may begin four days after expiration of annual or sick leave. That if at the time the disability begins the employee has annual or sick leave to his credit he may, subject to the approval of the head of the department, use such leave until it is exhausted, in which case his compensation shall begin on the fourth day of disability after the annual or sick leave has ceased. Sec. 8, act of Sept. 7, 1916 (39 Stat. 743).

115. Written notice of injury given to immediate superior of an employee.— That every employee injured in the performance of his duty, or some one on his behalf, shall, within forty-eight hours after the injury, give written notice thereof to the immediate superior of the employee. Such notice shall be given by delivering it personally or by depositing it properly stamped and addressed in the mail. Sec. 15, act of Sept. 7, 1916 (39 Stat. 746).

That the notice shall state the name and address of the employee, the year, month, day, and hour when and the particular locality where the injury occurred, and the cause and nature of the injury, and shall be signed by and contain the address of the person giving the notice. Sec. 16, act of Sept. 7, 1916 (39 Stat. 746).

116. Failure to give notice of injury within time limit may be waived for cause. That unless notice is given within the time specified or unless the immediate superior has actual knowledge of the injury, no compensation shall be allowed, but for any reasonable cause shown, the commission may allow compensation if the notice is filed within one year after the injury. Sec. 17, act of Sept. 7, 1916 (39 Stat. 746).

117. Report of injury to be made to commission by employee's superior.— That immediately after an injury to an employee resulting in his death or in his probable disability, his immediate superior shall make a report to the commission containing such information as the commission may require, and shall thereafter make such supplementary reports as the commssion may require. Sec. 24, act of Sept. 7, 1916 (39 Stat. 747).

118. Claim for compensation.-That no compensation under this Act shall be allowed to any person, except as provided in section thirty-eight, unless he