to war veterans un 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 con- Preference strued to take from those honorably discharged from the der sec. 1754, R. S. 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 Exclusions. 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. SEC. 8. That no person habitually using intoxicating, 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. beverages. Members of a SEC. 9. That whenever there are already two or more members of a family in the public service in the grades family. covered by this act, no other member of such family shall be eligible to appointment to any of said grades. "The civil-service commission is authorized and required to withhold from certification the name of a person, two or more members of whose family are already in the public service under this act. (Opinion Atty. Gen., May 25, 1907, 26 Op., 261.) "The family consists of those who live under the same roof with the pater-familias-those who form * * * his fireside; but when they branch out and become heads of new establishments they cease to be part of the father's family." (Opinion Atty. Gen., July 12, 1907, 26 Op., 303.) * * * "Section 9 of the civil-service act applies to temporary as well as permanent appointments." (Minute of commission, July 9, 1909.) This section also applies to reinstatements. (Minute of commission, Dec. 9, 1908.) tion by Members SEC. 10. That no recommendation of any person who Recommendashall apply for office or place under the provisions of this of Congress. 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 considered by any person concerned in making any examination or appointment under this act. ments and contri SEC. 11. That no Senator, or Representative, or Terri-Political assesstorial Delegate of the Congress, or Senator, Representa-butions. tive, or Delegate elect, or any officer or employee of either of said Houses, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch, or bureau of the executive, judicial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. This section is now embodied in section 118, Criminal Code (35 Stat., 1110), in effect January 1, 1910. The sending of a circular letter by a political committee to Federal officers and employees soliciting financial aid in congressional or State elections, upon or attached to which appear the names of Federal officers or employees, is a violation of section 11 of the civil-service act, which declares that no officer or employee of the Government shall be in any manner concerned in soliciting or receiving any assessment or contribution for any political purpose whatever from any officer or employee of the United States. "Whatever the particular form of words adopted in such circulars, in order to show a request rather than a demand, and to give to responses a quasi voluntary character, the explicit and comprehensive words of the statute * * unquestionably condemn all such circulars. (Opinion Solicitation. * Atty. Gen., Oct. 17, 1902, 24 Op., 133. "To charge a man with soliciting a contribution from United States officers for a political purpose carries with it by impli cation a charge that the accused knew the purpose for which the contribution was solicited. The words 'for a political purpose," may reasonably be construed to qualify not only the contribution, but the solicitation. Similarly, to charge that a man received from another his contribution for a political purpose, by implication charges that the reception was for the same purpose as the contribution. Nor was it necessary to set out the specific averment that the defendant knew that the persons from whom the contributions were received were officers of the United States." (U. S. v. Scott, Circuit Ct., Ky., Oct. 7, 1895, 74 Fed. Rep., 213.) * * * SEC. 12. That no person shall, in any room or building occupied in the discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navy-yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose whatever. This section is now embodied in section 119, Criminal Code (35 Stat., 1110), in effect January 1, 1910. The twelfth section of the act is not un constitutional because of its prohibiting all persons, whether in the employ of the United States or not, from soliciting contributions for political purposes in any of the places mentioned in that section of the act. (U.S. v. Newton, Sup. Ct., D. C., Nov. 16, 1892, 19 W. L. R., 770.) See also opinion in U. S. v. Glick, Dis trict Ct., Del., June 4, 1909, not reported, quoted at length in Twenty-sixth Report, p. 159. Section 12 of the civil-service act applies to the mailing to Federal employees at their places of employment letters soliciting political contributions, as well as to solicitations made in per son. (U. S. v. Thayer, Mar. 9, 1908, 209 U.S., 39. See p. 141, Twenty-fourth Report, for the facts in this case and the decision in full.) or compensation. SEC. 13. No officer or employee of the United States Change of rank mentioned in this act shall discharge, or promote, or degrade, or in any manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose. This section is now embodied in sec- in effect January 1, 1910. tion 120, Criminal Code (35 Stat., 1110), ical objects. SEC. 14. That no officer, clerk, or other person in the Gifts for politservice of the United States shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of the House of Representatives, or Territorial Delegate, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever. This section is now embodied in sec- in effect January 1, 1910. tion 121, Criminal Code (35 Stat., 1110), SEC. 15. That any person who shall be guilty of violat- Penalty. ing any provision of the four foregoing sections shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the discretion of the court. This section is now embodied in section 122, Criminal Code (35 Stat., 1110), in effect January 1, 1910. Section 335, Criminal Code (35 Stat., Approved January 16, 1883. 1152), provides that all offenses which may be punished by death or imprisonment for a term exceeding one year shall be deemed felonies. President's au thority to pre concerning арpointment. STATUTES AFFECTING THE CLASSIFIED SERVICE. DIRECTORY STATUTES.1 SEC. 1753. The President is authorized to prescribe scribe regulations such regulations for the admission of persons into the civil service of the United States as may best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks to enter; and for 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. (R. S., act of Mar. 3, 1871.) Departmental regulations. SEC. 161. The head of each department is authorized to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it. (R. S., act of Aug. 15, 1876.) "The regulation of a department of the Government is not, of course, to control the construction of an act of Congress when its meaning is plain, but when there has been a long acquiescence in a regulation, and by it rights of parties for many years have been determined and adjusted, it is not to be disregarded without Clerkships open to women. clerks of higher the most cogent and persuasive reasons. Robertson v. Downing, May 14, 1888, 127 U. S., 613. (Upon this general subject see also Opinions of Attorneys General: 10 Op., 469; 11 Op., 109; 15 Op., 94; 22 Op., 167; and 22 Op., 266.)2 SEC. 165. Women may, in the discretion of the head of any department, be appointed to any of the clerkships therein authorized by law, upon the same requisites and conditions, and with the same compensation, as are prescribed for men. (R. S., act of July 12, 1870.) Number of Whenever, in the judgment of the head of any departbe ment, the duties assigned to a clerk of one class can be as lower increased. well performed by a clerk of a lower class or by a female grade may diminished and 1 These statutes either authorize or direct certain ways of conducting the public business which falls within the purview of the civil service act and rules, and depend upon administrative discipline for their enforcement. 2 The general subject of the legal force of regulations is treated at length in "Remarks on the Army Regulations and Executive Regulations in General," by G. Norman Lieber, Judge Advocate General, United States Army (1898). 54 in reduction of force. clerk, it shall be lawful for him to diminish the number of the clerks of the higher grade and increase the number of clerks of the lower grade within the limit of the total appropriation for such clerical service: Provided, That in Preference making any reduction of force in any of the executive departments, the head of such department shall retain those persons who may be equally qualified who have been honorably discharged from the military or naval service of the United States and the widows and orphans of deceased soldiers and sailors. (19 Stat. L., 169, act of Aug. 15, 1876.) statutes when reductions in salary and rank are to be made, even though their qualifications are equal. (Opinion Atty. Gen., July 28, 1909, 27 Op., 490.) to preference in apcivil offices. Ex-soldiers or sailors, or the widows and orphans of deceased soldiers and sailors, are not entitled to preference over other persons under section 1754 and other SEC. 1754. Persons honorably discharged from the War veteran military or naval service by reason of disability resulting pointments from wounds or sickness incurred in the line of duty shall be preferred for appointments to civil offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices. (R. S., act of Mar. 3, 1865.) The joint resolution of March 3, 1865 (sec. 1754, R. S.), considered in connection with the act of March 3, 1871, chapter 114, is construed to mean that honorably discharged soldiers and sailors are not exempt from liability to examination for admission into the civil service, but that they are entitled to a preference for appointment as against other persons of equal qualifications for the place. (Opinion Atty. Gen., Aug. 13, 1881, 17 Op., 194.) Preference under 1754, Revised Statutes, is not subject to the law of apportionment and extends over all others on the eligible list irrespective of their ratings. (Opinion Atty. Gen., May 12, 1910, 28 Op., 298.) The removal of an honorably discharged soldier from a position in an executive department "because of his rating as inefficient" is the exercise of a purely executive power, and the reasons for such exercise can not be inquired into by the courts. (Keim v. U. S., Apr. 9, 1900, 177 U. S., 290.) Preference under this section applies only to original entrance to the service and not to promotion. (Minute of commission, Apr. 18, 1896.) clerks. Post In the assignment or transfer of clerks from the Railway Assignments Mail Service, however, preference shall be given to the railway mail persons honorably discharged from the military or naval office. service who served in the Civil War and who are now serving as clerks on the railway mail cars in order that they may be transferred to clerical service in the department or in the post offices and relieved from service on said cars as rapidly as practicable, provided they are found to possess the business capacity necessary for the proper discharge of the duties of the offices to which they may be transferred. (33 Stat. L., 1088, act of Mar. 3, 1905.) |