laws are faithfully executed, has authority to appoint commissioners or agents to make investigations required by acts or resolutions of Congress, but it cannot pay them except from an appropriation for that purpose.-Op. IV, 248, Nelson, Sept. 21, 1843. An authority of a special agent appointed to do a particular act must be limited to that act and to such acts as are necessary to the performance of it.Op. XI, 521. The Government is not bound by the act or declaration of its agent unless it manifestly appears that he acted within the scope of his authority, or was em ployed in his capacity as a public agent to do the act or make the declaration for it.-Otto, 93, p. 247. See C. C. II, 599, IV, 401, and VII, 65, and Wallace, VII, 666, as to the power of agents. Held by the First Comptroller, that a chief engineer of the Navy, appointed superintendent of the State, War, and Navy Department building, under the legislative appropriation act approved March 3, 1883, should give a bond, as his duties as such were in no way connected with the Navy and his disbursements would be of civil appropriations. CIVIL SERVICE-THE EXECUTIVE DEPARTMENTS. Sec. Sec. Duties of. Rules for civil service act. Places of meeting; boards of examiners. Corruptly defeating objects of the commis. sion. Revision and classification of clerks. Persons subject to, and exempt from the rules. Habitual use of intoxicating beverages a 1754. Preference to disabled soldiers, &c. In reducing force, preference to honorably SEC. 163. The clerks in the Departments shall be arranged in four classes, distinguished as the first, second, third, and fourth classes. 3 March, 1853, s. 3, v. 10, p. 209. 3 March, 1855, s. 4, v. 10, p. 669. Title 4. Classification of Department clerks. SEC. 165. Women may, in the discretion of the head of any Depart- Clerkships open ment, be appointed to any of the clerkships therein authorized by to women. law, upon the same requisites and conditions, and with the same compensations, as are prescribed for men. 12 July, 1870, s. 2, v. 16, pp. 230-250. SEC. 166. Each head of a Department may from time to time alter Distribution of the distribution among the various Bureaus and offices of his Depart- clerks. ment, of the clerks allowed by law, as he may find it necessary and proper to do. [See Aug. 5, 1882, p. 140.] 3 March, 1853, s. 3, v. 10, p. 211. Salaries of per SEC. 167. The annual salaries of clerks and employés in the Departments, whose compensation is not otherwise prescribed, shall be as sons employed in follows: the Departments.. First. To clerks of the fourth class, eighteen hundred dollars. Second. To clerks of the third class, sixteen hundred dollars. Third. To clerks of the second class, fourteen hundred dollars. Fourth. To clerks of the first class, twelve hundred dollars. Fifth. To the women employed in duties of a clerical character, subordinate to those assigned to clerks of the first class, including copyists and counters, or temporarily employed to perform the duties of a clerk, nine hundred dollars. Sixth. To messengers, eight hundred and forty dollars. Seventh. To assistant messengers, seven hundred and twenty dollars. Eighth. To laborers, seven hundred and twenty dollars. [$660, by legislative act March 3, 1883, except otherwise specially appropriated for.] Ninth. To watchmen, seven hundred and twenty dollars. 3 March, 1853, s. 3, v. 10, pp 209, 210. 22 April, 1854, s. 1, v. 10, p. 276. SEC. 168. Except when a different compensation is expressly prescribed by law, any clerk temporarily employed to perform the same or similar duties with those belonging to clerks of either class, is entitled to the same salary as is allowed to clerks of that class. 22 April, 1854, s. 1, v. 10, p. 276. NOTE.-A clerk with a fixed salary is bound to perform the duties of the of fice for the salary. If the work of the office be increased, requiring his serv ices beyond the established or customary hours, he cannot, if the increased labor pertains to the business of the office, receive additional compensation.— C. C., XVII, 383. Authority to SEC. 169. Each head of a Department is authorized to employ in his employ clerks Department such number of clerks of the several classes recognized by and other employés. law, and such messengers, assistant messengers, copyists, watchmen, laborers, and other employés, and at such rates of compensation, respectively, as may be appropriated for by Congress from year to year. [See act Aug. 5, 1882, post.] 15 Aug., 1876. Restriction. Title 4. That the executive officers of the Government are hereby prohibited from employing any clerk, agent, engineer, draughtsman, messenger, watchman, laborer, or other employé, in any of the Executive Departments in the city of Washington, or elsewhere, beyond provision made by law. [See Aug. 5, 1882, post.] 15 Aug., 1876, s. 5, v. 19, p. 196. NOTE. In the absence of constitutional restriction, the future compensation of a public officer may be altered at pleasure by the legislature during his incumbency, without violating any legal right vested in him by virtue of his appointment.-Op. XV, 317, Devens, June 18, 1877. SEC. 170. No money shall be paid to any clerk employed in either Department at an annual salary, as compensation for extra services, sation to clerks unless expressly authorized by law. [See EXTRA PAY, &c., Part I, prohibited. p. 71.] Extra compen 5 Aug., 1882. Restriction on number and pay of clerks, &c. Civil employés 3 March, 1863, s. 3, v. 10, pp. 209, 211. NOTE. Where the service is one required by law and compensation is fixed by competent authority and is appropriated, an officer who under due authorization performs the service is entitled to the compensation.-Op. XV, 608. That no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employé shall after the first day of October next be employed in any of the Executive Departments, or subordinate Bureaus or offices thereof at the seat of Government, except only at such rates and in such numbers, respectively, as may be specifically appropriated for by Congress for such clerical and other personal services for each fiscal year. 5 Aug., 1882, s. 4, P. E, L., p. 255. No civil officer, clerk, draughtsman, copyist, messenger, assistant mesnot to be paid senger, mechanic, watchman, laborer, or other employé shall hereafter from contingent appropriations. be employed at the seat of Government in any Executive Department or subordinate Bureau or office thereof or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services. Unauthorized bidden. Ibid. After the first day of October next section one hundred and seventyrates of pay for two of the Revised Statutes, and all other laws and parts of laws inconsistent with the provisions of this act, and all laws and parts of laws authorizing the employment of officers, clerks, draughtsmen, copyists, messengers, assistant messengers, mechanics, watchmen, laborers, or other employés at a different rate of pay or in excess of the numbers authorized by appropriations made by Congress, be, and they are hereDetails not to by, repealed; and thereafter all details of civil officers, clerks, or other be made from subordinate employés from places outside of the District of Columbia of Columbia for for duty within the District of Columbia, except temporary details for duty therein. duty connected with their respective offices, be, and are hereby, pro outside District hibited; and thereafter all moneys accruing from lapsed salaries, or from Lapsed salarunused appropriations for salaries, shall be covered into the Treasury. Ibid. NOTES.-Civil officers are usually divided into three classes: political, judicial, and ministerial. But persons actually and properly employed in the Executive Departments or in Bureaus or Divisions thereof, by an officer charged with that duty and authorized by law to fix their compensation, are persons in the civil service.-Wallace, XIII, 568. C. C., VII, 290. Laborers, mechanics, machinists, &c., in navy-yards, paid by the day, are civil employés within the meaning of the 20 per cent. acts. Printers paid by the em, or note engravers by the piece, are not.-Wallace, XX, 179. C. C., ÎX, 104. THE CIVIL SERVICE. ies. Title 19. to SEC. 1753. The President is authorized to prescribe such regulations for the admission of persons into the civil service of the United States President as may best promote the efficiency thereof, and ascertain the fitness of regulate admiseach candidate in respect to age, health, character, knowledge, and sions to the civil ability for the branch of service into which he seeks to enter; and for service. 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. 3 March, 1871, s. 9, v. 16, p. 514. The President is authorized to appoint, by and with the advice and 16 Jan., 1883. consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as Civil Service Commissioners, and said of Civil Service Appointment three commissioners shall constitute the United States Civil Service Commissioners. Commission. Said commissioners shall hold no other official place under the United States. The President may remove any commissioner; and any vacancy in the position of commissioner shall be so filled by the President, by and with the advice and consent of the Senate, as to conform to said conditions for the first selection of commissioners. The commissioners shall each receive a salary of three thousand five Salary and exhundred dollars a year. And each of said commissioners shall be paid penses. his necessary traveling expenses incurred in the discharge of his duty as a commissioner. SEC. 2. That it shall be the duty of said commissioners: Duty of the FIRST. To aid the President, as he may request, in preparing suitable commissioners. rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the Departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect. SECOND. And, among other things, said rules shall provide and declare, as nearly as the conditions of good administration will warrant, as follows: First, for open, competitive examinations for testing the fitness of applicants for the public service now classified or to be classified hereunder. Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the service into which they seek to be appointed. Second, that all the offices, places, and employments so arranged or to be arranged in classes shall be filled by selections according to grade from among those graded highest as the results of such competitive examinations. Third, appointments to the public service aforesaid in the Departments at Washington shall be apportioned among the several States and Territories and the District of Columbia upon the basis of population as ascertained at the last preceding census. Every application for an examination shall contain, among other things, a statement, under oath, setting forth his or her actual bona fide residence at the time of making the application, as well as how long he or she has been a resident of such place. Fourth, that there shall be a period of probation before any absolute appointment or employment aforesaid. Fifth, that no person in the public service is for that reason under any obligations to contribute to any political fund, or to render any political service, and that he will not be removed or otherwise prejudiced for refusing to do so. Rules for civil service act. Places of meet. ing and boards of xaminers. Sixth, that no person in said service has any right to use his official authority or influence to coerce the political action of any person or body. Seventh, there shall be non-competitive examinations in all proper cases before the commission, when competent persons do not compete, after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the commissioners as to the manner of giving notice. Eighth, that notice shall be given in writing by the appointing power to said commission of the persons selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such persons after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by said commission. And any necessary exceptions from said eight fundamental provisions of the rules shall be set forth in connection with such rules, and the reasons therefor shall be stated in the annual reports of the commission. THIRD: Said commission shall, subject to the rules that may be made by the President, make regulations for, and have control of, such examinations, and, through its members or the examiners, it shall supervise and preserve the records of the same; and said commission shall keep minutes of its own proceedings. FOURTH. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this act. FIFTH. Said commission shall make an annual report to the President for transmission to Congress, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. * SEC. 3. * * The commission shall, at Washington, and in one or more places in each State and Territory where examinations are to take place, designate and select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the Department or office in which such persons serve, to be members of boards of examiners, and may at any time substitute any other person in said service living in such State or Territory in the place of any one so selected. Such boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend before them; and where there are persons to be examined in any State or Territory, examinations shall be held therein at least twice in each year. It shall be the duty of the collector, postmaster, and other officers of the United States, at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations, and in all proper ways to facilitate the same. * Penalty for corruptly defeating SEC. 5. That any said commissioner, examiner, copyist, or messenger, the objects of the or any person in the public service who shall willfully and corruptly, commission. by himself or in co-operation with one or more other persons, defeat, deceive, or obstruct any person in respect of his or her right of examination according to any such rules or regulations, or who shall willfully, corruptly, and falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined hereunder, or aid in so doing, or who shall willfully and corruptly make any false representations concerning the same or concerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed, employed, or promoted, shall for each such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not less than ten days, nor more than one year, or by both such fine and imprisonment. SEC. 6. rangement of Third. That from time to time * each of Revision, classithe heads of Departments mentioned in the one hundred and fifty- fication, and areighth section of the Revised Statutes [the 7 principal Departments] and clerks by the each head of an office, shall, on the direction of the President, and for heads of Departfacilitating the execution of this act, respectively revise any then exist- ments. ing classification or arrangement of those in their respective Departments and offices, and shall, for the purposes of the examination herein provided for, include in one or more of such classes, so far as practicable, subordinate places, clerks, and officers in the public service pertaining to their respective Departments not before classified for examination. from the rules. SEC. 7. That after the expiration of six months from the passage of Persons subject this act no officer or clerk shall be appointed, and no person shall be to, and exempt employed to enter or be promoted in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. But nothing herein contained shall be construed to take from those honorably discharged from the military or naval service any preference conferred by the seventeen hundred and fifty-fourth section of the Revised Statutes, nor to take from the President any authority not inconsistent with this act conferred by the seventeen hundred and fifty-third section of said statutes; nor shall any officer not in the executive branch of the Government, or any person merely employed as a laborer or workman, be required to be classified hereunder; nor, unless by direction of the Senate, shall any person who has been nominated for confirmation by the Senate, be required to be classified or to pass an examination. Habitual use of intoxicating beverages a bar against appoint eligible. SEC. 8. That no person habitually using intoxicating beverages to excess shall be appointed to, or retained in, any office, appointment, or employment to which the provisions of this act are applicable. SEC. 9. That whenever there are already two or more members of a ment. family in the public service in the grades covered by this act, no other Not more than member of such family shall be eligible to appointment to any of said two of a family grades. SEC. 10. That no recommendation of any person who shall apply for office or place under the provisions of this act which may be given by any Senator or member of the House of Representatives, except as to the character or residence of the applicant, shall be received or consid- &c. ered by any person concerned in making any examination or appointment under this act. * 16 Jan., 1883, P. E. L., p. 406. NOTE.-There are three branches of service classified under the civil service act. Those in the Departments at Washington are designated "The classified Departmental service." The general board of examiners for this service consists of two persons from the Treasury Department, two from the Post-Office Department, two from the Interior Department, and one from each of the other Departments. Recommenda tions of Congress men not to be re ceived, except, Title 19. of SEC. 1754. Persons honorably discharged from the military or naval service by reason of disability resulting from wounds or sickness incurred Preference in the line of duty, shall be preferred for appointments to civil offices, persons disabled provided they are found to possess the business capacity necessary for in military or nathe proper discharge of the duties of such offices. 3 March, 1865, Res. No. 27, s. 1, v. 13, p. 571. val service. ment of such per sons. SEC. 1755. In grateful recognition of the services, sacrifices, and suffer- Recommendaings of persons honorably discharged from the military and naval service tion for employof the country, by reason of wounds, disease, or the expiration of terms of enlistment, it is respectfully recommended to bankers, merchants, manufacturers, mechanics, farmers, and persons engaged in industrial pursuits, to give them the preference for appointments to remunerative situations and employments. Idem, sec. 2. Preference to sol Provided, That in making any reduction of force in any of the Execu- 15 Aug., 1876. tive Departments, the head of such Department shall retain those persons who may be equally qualified, who have been honorably discharged discharged from the military or naval service of the United States, and the widows diers and sailors and orphans of deceased soldiers and sailors. in matter of reductions. 15 Aug., 1876, s. 3, v. 19, p. 143. |