whose compensation is not otherwise prescribed, shall be as follows: 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. Act March 3, 1853, c. 97, § 3, 10 Stat. 209, 211. Act April 22, 1854, c. 52, § 1, 10 Stat. 276. Res. Aug. 18, 1856, No. 18, 11 Stat. 145. Act July 23, 1866, c. 208, § 6, 14 Stat. 207. Act July 12, 1870, c. 251, § 3, 16 Stat. 230, 250. The rates of pay of various classes of employés other than clerks provided for in the legislative, executive, and judicial appropriation acts for recent fiscal years were fixed by similar provisions of section 2 of each of said acts. The provisions for the fiscal year 1914 were by Act March 4, 1913, c. 142, § 2, 37 Stat. 790. Rules for division of time and computation of pay for services rendered, where the compensation of any person in the service of the United States is annual or monthly, were prescribed by Act June 30, 1906, c. 3914, § 6, post, § 3243. The appropriations made for the officers, clerks, and persons employed in the public service are not to be available for the compensation of any persons incapacitated, otherwise than temporarily, for performing such service, by a provision repeated in each annual legislative, executive, and judicial appropriation act. The provision for the fiscal year 1914 was by Act March 4, 1913, c. 142, § 3, 37 Stat. 790. § 247. (R. S. § 168.) Temporary clerks. 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. Act April 22, 1854, c. 52, § 1, 10 Stat. 276. The compensation of clerks temporarily employed in the Treasury Department was limited to the rate of $1,200 a year by R. S. § 242, post, § 376. § 248. (R. S. § 169.) Authority to employ clerks and other employés. Each head of a Department is authorized to employ in his Department such number of clerks of the several classes recognized by 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 appropriation acts since 1856. The clerks and other employés in the several Departments at the time of the enactment of the Revised Statutes were enumerated in the sections relating to each: In the State Department, R. S. § 201; the War Department, R. S. § 215; the Treasury Department, R. S. § 235; the Department of Justice, R. S. § 351; the Post Office Department, R. S. § 393; the Navy Department, R. S. § 416; the Department of the Interior, R. S. § 440. Special provision was made, also, for the appointment of clerks in the Bureau of the Comptroller of the Currency, by R. S. § 328, and for the Patent Office, by R. S. § 476. But the officers, clerks, etc., actually appointed or employed are those for whom specific provision is made in the appropriation acts from year to year; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, post, § 249. Provisions for apportionment of appointments among the several States and Territories and the District of Columbia were made, as to the Treasury Department, by Act March 3, 1875, c. 130, § 2, post, § 352, and as to all the Departments, by the Civil Service Act of Jan. 16, 1883, c. 27, § 2, post, § 3272. § 249. (Act Aug. 5, 1882, c. 389, § 4.) Officers, clerks, and other employés to be only as specifically appropriated for; repeal of inconsistent laws; details from places outside District of Columbia for duty within District prohibited; lapsed salaries and unused appropriations. That no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee 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; and no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall hereafter 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, and after the first day of October next section one hundred and seventy-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 employees at a different rate of pay or in excess of the numbers authorized by appropriations made by Congress, be and they are hereby, repealed; and thereafter all details of civil officers, clerks, or other subordinate employees from places outside of the District of Columbia, for duty within the District of Columbia, except temporary details for duty connected with their respective offices, be, and are hereby, prohibited; and thereafter all moneys accruing from lapsed salaries, or from unused appropriations for salaries, shall be covered into the Treasury: * and nothing herein shall be construed to re peal or modify section one hundred and sixty-six of the Revised Statutes of the United States. (22 Stat. 255.) This section was part of the legislative, executive, and judicial appropriation act for the fiscal year 1883, cited above. The portion omitted here contained provisos for the adjustment, in accordance with the provisions of the act, of the clerical or other force theretofore paid for out of general or specific appropriations, such adjustment to be effected before October 1, 1882. They are omitted as temporary merely. Previous provisions similar, to some extent, to those of this section, but relating to the War Department only, contained in Act June 20, 1874, c. 328, § 1, 18 Stat. 101, may be regarded as superseded by these provisions. Violation of this section was made punishable by Act Aug. 23, 1912, c. 350, 5, post, § 250. Money appropriated for services in any executive department is not to be used in the distribution of any publication, except maps, weather reports, and weather cards issued by an executive department, but such work is required to be done at the Government Printing Office, by Act Aug. 23, 1912, c. 350, § 8, post, § 7171. Payments for official or clerical compensation, from appropriations for contingent, incidental, or miscellaneous purposes, were also forbidden by R. S. § 3682, post, § 6783. A general prohibition to the executive officers of the government, from employing any clerk, etc., or other employé, in any of the executive departments in Washington, or elsewhere, beyond provision made by law, was contained in Act Aug. 15, 1876, c. 287, § 5, post, § 3225. The detail of employés of the Executive Departments and other Government establishments to the office of the President for temporary assistance, from time to time, was authorized by a provision of Act Feb. 3, 1905, c. 297, § 1, ante, § 229. By provisions of section 1 of said Act Aug. 5, 1882, c. 389, and of subsequent statutes, nothing in this section was to be construed to prevent the detailing of certain specified officers for duty at the Treasury Department. Act Aug. 5, 1882, c. 389, § 1, post, § 365, Act June 6, 1900, c. 791, § 1, post, § 938, Act March 3, 1901, c. 853, § 1, post, § 939, and Act March 4, 1907, c. 2918, § 1, post, § 366. The detail of clerks or other employés from any branch of the postal service, whether located at the seat of government or elsewhere, to any of the officers or bureaus of the Post Office Department at Washington, was forbidden by Act March 15, 1898, c. 68, § 9, post, § 579. The employment in the Department of State of personal services other than those specifically authorized or appropriated for was forbidden by a provision of Act June 22, 1906, c. 3514, § 1, post, § 294. The transfer of clerks or other employés in the classified service from one Department to another was restricted by Act June 22, 1906, c. 3514, § 5, post, § 251. The detail of civil officers, clerks, or other subordinate employés in the public service outside the District of Columbia, for duty in any Executive Department in the District, was restricted by Act June 22, 1906, c. 3514, § 6, post, § 252. A proviso that no clerk, messenger, or laborer at headquarters of divisions, departments, etc., shall be assigned to duty with any bureau in the War Department, is annexed to the appropriation for such clerks, etc., in recent Army appropriation acts. The provision for the fiscal year 1914 was by Act March 2, 1913, c. 93, 37 Stat. 707. A prohibition of the detail of clerks or other employés from the Executive Departments, etc., to the Civil Service Commission, for the performance of duty in the District of Columbia, accompanies the appropriations for the Commission in recent legislative, executive, and judicial appropriation acts, limited, in each such act, to the particular fiscal year. The provision for the fiscal year 1914 was by Act March 4, 1913, c. 142, § 1, 37 Stat. 750. In addition to the specific appropriations in the annual legislative, executive, and judicial appropriation acts for compensation of the officers, clerks, and other employés enumerated therein, said acts make special provisions each year for the employment, in certain offices in the War Department and the Navy Department, of services of skilled draftsmen and other services which the head of the particular department may deem necessary, to carry into effect appropriations for purposes specified, and to be paid from such appropriations, the entire expenditures by each of said offices for such purposes for the fiscal year.not to exceed a specified sum; the terms of such provisions and the amounts limited varying from year to year. The provisions for the fiscal year 1914 were by Act March 4, 1913, c. 142, § 1, 37 Stat. 764, 765, 768, 770 771. Estimates for compensation of officers are to be founded on express provisions of law, and not upon authority of executive distribution, by R. S. § 3662, post, § 6678. The legislative, executive, and judicial appropriation act of Feb. 24, 1899, c. 187, § 4, 30 Stat. 890, contained a provision that the appropriations for officers, clerks, and employés should not be available for the compensation of any persons permanently incapacitated, which is repeated in connection with the similar appropriations for subsequent years. The provision for the fiscal year 1914 was by Act March 4, 1913, c. 142, § 3, 37 Stat. 790. A further provision of said Act Feb. 24, 1899, c. 187, § 4, prohibiting the establishment of a civil pension roll or an honorable service roll, or the exemption of any of the officers, clerks, and persons in the public service from the existing laws respecting employment in such service, is set forth post, § 3266. Similar provisions relating to officers, clerks, and persons employed in the postal service were made by Act March 1, 1909, c. 232, post, § 7252. § 250. (Act Aug. 23, 1912, c. 350, § 5.) Punishment for violation of prohibition of employment of services except as specifically appropriated for. Any person violating section four of the legislative, executive, and judicial appropriation Act approved August fifth, eighteen hundred and eighty-two (Statutes at Large, volume twenty-two, page two hundred and fifty-five), shall be summarily removed from office, and may also upon conviction thereof be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year. (37 Stat. 414.) This section was part of the legislative, executive, and judicial appropriation act for the fiscal year 1913, cited above. Act Aug. 5, 1882, c. 389, § 4, mentioned in this section, is set forth ante, § 249. § 251. (Act June 22, 1906, c. 3514, § 5.) Transfer of clerks or other employés from one Department to another. It shall not be lawful hereafter for any clerk or other employee in the classified service in any of the Executive Departments to be transferred from one Department to another Department until such clerk or other employee shall have served for a term of three years in the Department from which he desires to be transferred. (34 Stat. 449.) This section was part of the legislative, executive, and judicial appropriation act for the fiscal year 1907, cited above. The detail of employés of the Executive Departments to the office of the President, from time to time, was authorized by a provision of Act Feb. 3, 1905, c. 297, § 1, ante, § 229, which was repeated in the subsequent annual appropriation acts. § 252. (Act June 22, 1906, c. 3514, § 6.) Detail of civil officers, clerks, or other employés in public service outside District of Columbia for duty in Department in the District. Hereafter it shall be unlawful to detail civil officers, clerks, or other subordinate employees who are authorized or employed under or paid from appropriations made for the military or naval establishments, or any other branch of the public service outside of the District of Columbia, except those officers and employees whose details. are now specially provided by law, for duty in any bureau, office, or other division of any Executive Department in the District of Columbia, except temporary details for duty connected with their respective offices. (34 Stat. 449.) This section was part of the legislative, executive, and judicial appropriation act for the fiscal year 1907, cited above. By a proviso in section 1 of the same act, the detail of clerks or other employés from the Departments to the Civil Service Commission, for duty in the District of Columbia, for or during the fiscal year 1907, was forbidden. The prohibition was renewed, for and during the subsequent fiscal years, by a similar proviso in the legislative, executive and judicial appropriation act for each year. The provision for the fiscal year 1914 was by Act March 4, 1913, c. 142, § 1, 37 Stat. 750. § 253. (R. S. § 170.) Extra compensation to clerks prohibited. No money shall be paid to any clerk employed in either Department at an annual salary, as compensation for extra services, unless expressly authorized by law. Act March 3, 1853, c. 97, § 3, 10 Stat. 209, 211. Act June 17, 1844, c. 105, § 1, 5 Stat. 681, 687. Res. Feb. 28, 1867, No. 30, § 2, 14 Stat. 569. General prohibitions of compensation to officers, clerks, etc., for discharging duties of others or for extra services, and of additional pay or extra allowance or compensation, in any form, unless expressly authorized by law, were contained in R. S. §§ 1763-1765, post, §§ 3230–3234. No officer, clerk, or employé of any Executive Department, who is authorized to administer oaths, is to charge or receive any compensation for administering oaths of office to employés of such Department, by a provision of Act Aug. 29, 1890, c. 820, post, § 3221. § 254. (R. S. § 171.) Restriction on employing extra clerks. No extra clerk shall be employed in any Department, Bureau, Or office, at the seat of Government, except during the session of Congress, or when indispensably necessary in answering some call made by either House of Congress at one session to be answered at another; nor then, except by order of the head of the Department in which, or in some Bureau or office of which, such extra clerk shall be employed. And no extra clerk employed in either of the Departments shall receive compensation except for time actually and necessarily employed, nor any greater compensation than three dollars a day for copying, or four dollars a day for any other service. Act Aug. 26, 1842, c. 202, § 15, 5 Stat. 526. This section was to a great extent superseded by the more comprehensive provisions on the same subject of Act Aug. 5, 1882, c. 389, § 4, ante, § 249, but was not specifically repealed thereby, as was R. S. § 172. Other provisions of similar nature are referred to in the notes to said section, ante, § 249. |