notice to the person affected and an opportunity for explanation, certify the facts to the proper appointing officer. If such person be not dismissed within 10 days thereafter, it shall certify the facts to the proper disbursing and auditing officers, and such officers shall not pay or audit the salary or wages of such person thereafter accruing: Provided, That if a question of law respecting the power to appoint or employ is raised in any such case, the President or the head of a department may obtain the opinion of the Attorney General thereon.

"The decisions are uniform that one claiming salary must prove his legal title to the office and that an officer de facto can not maintain an action for salary." (Glavey v. U. S., 35 Ct. Cls., 242, citing Romer v. U. S., 24 Ct. Cls., 336; Stratton v. Oullen, 28 Cal., 51; Bennett's case, 19 Ct. Cls., 388.)

See note to Rule II, section 5.

A person employed by a marshal as his office deputy, without having been certified by the commission as eligible to employment, although employed in violation of Executive orders, is not

employed in violation of law, and is entitled to the expenses incurred by him in serving a warrant of arrest. (Decision Compt. Treas., Apr. 1, 1899, 5 Dec., 649.)

In the absence of evidence to the contrary, the accounting officers will, in the settlement of salary accounts, assume that the civil-service law and rules have been complied with by the officer having the power of appointment. (Decision Compt. Treas., July 25, 1896, 3 Dec., 52.)

RULE XVI.-REGULATIONS.

Power to make

1. The commission shall have authority to make regu- regulations. lations for the execution of these rules.

ulations.

2. No modification of the existing regulations in the Navy-yard regNavy Department governing the employment of labor at navy yards shall be made without the approval of the commission.

manner provided in the regulations.

No artisan or supervisory artisan whose position is included in the classified service by this order shall be classified unless he has established his capacity for efficient service or has been examined and found qualified by the Labor Board and is recommended for classification by the commanding officer under whom he is employed.

Eligible registers under the new regulations will be established, and eligibility from registered lists established under Navy Yard Order No. 23, revised, shall not be extended beyond June 30, 1913. Persons employed before that date from the present registered lists shall not be eligible to classification except in the manner provided in the regulations. * (Executive order, Dec. 7, 1912.)

SCHEDULE A.

CLASSIFIED POSITIONS EXCEPTED FROM EXAMINATION UNDER RULE II, SECTION 3.1

[The classified service does not include positions under the government of the District of Columbia, the Library of Congress, the legislative and judicial branches, the Consular and Diplomatic Services, or the Pan American Union.]

[A list of positions excepted for the duration of the war will be found at p. 79. Positions excepted by act of Congress will be found at p. 81.1

No office or position is excepted unless it is specifically named herein. Not more than one position shall be treated as excepted under the title of any such position unless a different number be indicated.

I. THE ENTIRE CLASSIFIED SERVICE.

1. Two private secretaries or confidential clerks to the head of each of the executive departments and one to each assistant head and one to the Public Printer.

2. One private secretary or confidential clerk to each of the heads of bureaus, appointed by the President in the executive departments, if authorized by law. 3. All persons appointed by the President without confirmation by the Senate. 4. Attorneys, assistant attorneys, and special assistant attorneys. 5. Chinese, Japanese, and Hindu interpreters.

6. Any person receiving for his personal salary compensation aggregating not more than $300 per annum whose duties require only a portion of his time, or whose services are needed for very brief periods at intervals, provided that employment under this provision shall not be for job work such as contemplated in section 4 of Rule VIII. The name of the employee, designation, duties, rate of pay, and place of employment shall be shown in the periodical reports of changes; and in addition, when payment is not at a per annum rate, the total service rendered and the distribution of such service during the year shall be shown in the report of changes at the end of each year or when the employee is separated from the service.2

7. Any person employed in a foreign country when in the opinion of the Civil Service Commission it is not practicable to treat the position as in the competitive classified service; but this exception shall not apply to any person employed in a foreign country contiguous to the United States in the service of the Bureau of Immigration, Department of Labor.3

8. Positions the duties of which are of a quasi military or quasi naval character, when in the opinion of the commission they can not be filled from registers of eligibles.1

1 See positions also excepted by law and by Executive order from examinations and the civil-service act and regulations on pp. 83, 79.

2 As amended Oct. 14, 1911.

3 As amended May 31, 1919.

4 As amended Jan. 10, 1918.

9. All positions in Alaska which can not be filled from appropriate existing registers, except those in the Customs Service.

10. A person serving under temporary appointment continuously since May 29, 1899, may be permanently appointed, in the discretion of the appointing officer. 11. A person holding an excepted position, which he entered prior to November 2, 1894, and in which he has since served continuously, may, subject to the other conditions and provisions of these rules, be transferred to a competitive position.

12. Mechanics and skilled tradesmen or laborers, employed upon construction or repair work in the field services, under such restrictive conditions that, in the opinion of the commission, they can not, as a class, be appointed from registers of eligibles.

13. Cooks, when in the opinion of the commission it is not expedient to make appointment upon competitive examination.

6

14. One driver of carriage, each, for the personal use of the President, the head of any executive department, the Secretary to the President, and such other drivers of carriages as may from time to time be authorized by competent authority, may be appointed without reference to the civil-service rules or the labor regulations.

15. All officers and employees in the Federal service 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 civilservice rules.

II. STATE DEPARTMENT.8

1.Officers to aid in important drafting work.'

2. Assistant solicitors.10

III. TREASURY DEPARTMENT.

1. One confidential clerk, if authorized by the Secretary of the Treasury, to each of the following officers:

The collector of each customs district where the receipts for the last preceding fiscal year amounted to as much as $500,000.

The appraisers at the ports of Boston, New York, and Philadelphia.

One private secretary in the office of the naval officer of customs at the port of New York.

2. One counsel before the Board of United States General Appraisers. 3. In the New York customs district: Stitch counters."

5 Skilled laborers. Unskilled laborers are not within the scope of the act and rules. • This exception applies to chauffeurs as well as to drivers of carriages. (Minute of commission, Jan. 30, 1908.)

The Executive order of Nov. 16, 1918, amended this section so as to permit appointments to clerical positions in the Federal service on the Isthmus of Panama paying not more than $106 a month without examination under the civil-service rules, this exception to continue only so long as the unusual conditions due to the present war exist and no longer than six months from the end of the war.

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

As amended Aug. 24, 1912, and Mar. 22, 1917.

10 As amended Aug. 24, 1912.

11 As amended June 12, 1911.

4. Revoked."2

5. One private secretary or confidential clerk to the superintendent in each mint and in the assay office at New York.13

6. Any local physician employed for temporary duty as acting assistant surgeon in the Public Health Service at stations or localities where, in the opinion of the commission, the establishment of registers is impracticable.

7. In the Public Health Service: Attendants employed at not more than $75 per month at quarantine stations and at not more than $50 per month at other hospitals and sanatoriums in the United States or at any salary elsewhere; scientific assistants employed temporarily for periods not to exceed six months, or longer with the prior approval of the commission, in investigations of contagious or infectious diseases and matters pertaining to the public health; any person temporarily employed in the work of preventing or suppressing a threatened or actual epidemic of any disease for which the appropriation for the prevention of epidemics is available; and persons assigned to classified positions during treatment or convalescence at Government sanatoriums.14

Employees engaged in rural sanitation work financed jointly and equally by the Treasury Department and a State, county, or municipality."

8. In the Alaska customs service all persons appointed or employed for the season of navigation only.

9. One examiner of tobacco and one examiner of tea in the customs service at the port of Chicago.

10. Mounted inspectors in the customs service on the Mexican border. 11. Civilian instructors in the United States Revenue-Cutter Service.

12. National-bank examiners and receivers under the office of the Comptroller of the Currency.

13. All persons actually employed in the Public Health Service at the leprosy investigation station, Molokai, Hawaii.

14. Informers and posse men, and special employees employed temporarily for detective work in the Internal-Revenue Service, under the appropriation for detecting and bringing to trial and punishment persons violating the internalrevenue laws.

15. Laborers at $480 per annum in the customs service, district of Hawaii, who are to perform the duties of opener and packer.

IV. WAR DEPARTMENT.8

1. All cable engineers, cable electricians, and cable foremen.

2. All telegraph operators, telegraph linemen, and cable seamen, receiving a monthly compensation of $60 or less, serving on military telegraph systems or at military stations, and who perform their duties in connection with their private business or with other employment, such duties requiring only a portion of their time. Appointment to such positions shall be subject to noncompetitive examination as to practical skill in the work required therein by a signal officer or acting signal officer, whose certificate as to the professional fitness of the 8 See excepted positions in this department under the heading "The Entire Classified Service."

12 Storekeepers and gaugers, Internal-Revenue Service, whose compensation did not exceed $3 per diem when actually employed and whose aggregate compensation did not exceed $500 per annum were excepted from examination. This provision was revoked in view of the decision of the department to make no further appointments, (Executive order Feb. 21, 1917.)

13 As amended Feb. 20, 1913.

14 As amended May 4, 1919.

"Amendment of Oct. 20, 1920.

Cable foremen added by order of Oct. 8, 1920.

appointee shall be forwarded to the Secretary of War and a duplicate thereof to the Civil Service Commission.

3. Longshoremen employed by the department at ports in the United States, trade, and noneducational employees in the Philippine Islands, all employees on transport ships, and, so far as may be found necessary by the department during the present war, all subclerical and nonclerical employees constituting the working forces for operating the piers at Hoboken, N. J., and at other seaports, but not the executive and clerical forces.15

4. All commissioners and statutory places of secretary for the national military parks, and one assistant secretary to the Chickamauga and Chattanooga National Military Park Commission.16

5. Consulting architect for work of reconstructing the United States Military Academy at West Point, N. Y.

6. All positions on torpedo and mine planters and cable boats, both navigating and operative, of the Quartermaster Corps of the Army.

7. One law officer in the Bureau of Insular Affairs.

8. One superintendent, one chief chemist and assistant superintendent, and one first assistant chemist, for service in connection with the operation of the Washington filtration plant, under the Engineer Department.

9. Caretakers of abandoned military reservations or of abandoned or unoccupied military posts, when the positions are filled by retired noncommissioned officers or enlisted men.

10. Civilian professors, instructors, and teachers in the United States Military Academy at West Point.

11. Superintendent of construction, Quartermaster Corps, Corregidor, Philippine Islands.

12. Contract surgeons.

13. Clerk qualified as translator of the English, Spanish, and Tagalog languages in the Bureau of Insular Affairs.

14. Watchmen on fortifications under construction and watchmen at warehouses, depots, wharves, and piers belonging to or controlled by the War Department, when the positions are filled by men who have served at least two enlistments in the Army, Navy, or Marine Corps."

15. All persons employed at the experimental factory of the Equipment Division of the Signal Corps at McCook Field, Dayton, Ohio, for the period of the war.

1. Revoked.18

V. NAVY DEPARTMENT.8

2. In the United States Naval Academy:

(a) Professors, instructors, and teachers;

(b) Baker helpers, coffeemen, firemen, linenmen, pantrymen, dish pantrymen, scullions, utility men, waiters, and, when promoted from the position of waiter, head and assistant head waiter.19

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

15As amended Apr. 24, 1918.

16 Superintendents of national cemeteries are appointed by the Secretary of War, under sections 4873 and 4874, Revised Statutes, from soldiers discharged for disability incurred in the line of duty.

17 Amendment of June 29 and Oct. 27, 1917.

18 Paymasters' clerks acting as principal clerks to general storekeepers at navy yards and naval stations placed in naval service by act of Mar. 3, 1915 (38 Stat., 942). 19 Amendment of Feb. 27, 1917.