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 selec tions 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. 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. Places of meeting and boards of The commission shall, at Washing ton, and in one or more places in each State and Territory examiners. 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. * SEC. 5. That any said commissioner, examiner, copyist, Penalty for corruptly defeating or messenger, or any person in the public service who the objects of the shall willfully and corruptly, by himself or in co-operation commission. 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. * * Third. That from time to time * Revision, classi fication, and ar SEC. 6. each of the heads of Departments mentioned in the one rangement of hundred and fifty-eighth section of the Revised Statutes clerks by the [the 7 principal Departments] and each head of an office, ments. heads of Depart Persons subject to and exempt shall, on the direction of the President, and for facilitating the execution of this act, respectively revise any then existing 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. SEC. 7. That after the expiration of six months from the from the rules. passage of this act no officer or clerk shall be appointed, and no person shall be 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 bev. SEC. 8. That no person habitually using intoxicating erages a bar beverages to excess shall be appointed to, or retained in, against appoint any office, appointment, or employment to which the provisions of this act are applicable. ment. Not more than eligible. SEC. 9. That whenever there are already two or more two of a family members of a family in the public service in the grades covered by this act, no other member of such family shall be eligible to appointment to any of said grades. Recommendations of Congress etc. SEC. 10. That no recommendation of any person who shall men not to be re- apply for office or place under the provisions of this act ceived, except, which may be given by any Senator or member of the House Jan. 16, 1883, of Representatives, except as to the character or residence 22 Stat. L. p. 406. of the applicant, shall be received or considered by any person concerned in making any examination or appointment under this act. See note 5. Jan. 16, 1883. p. 406. Contributions SEC. 11. That no Senator, or Representative, or TerritoStat. L., v. 22, rial Delegate of the Congress, or Senator, Representative, or Delegate elect, or any officer or employee of either of for political pur- said houses, and no executive, judicial, military, or naval poses not to be officer of the United States, and no clerk or employee of solicited, etc., by certain officers. any department, branch or bureau of the executive, judiSee sec. 1753. cial, 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. 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. -nor received in public offices. SEC. 13. No officer or employee of the United States men- Immunity from tioned in this act shall discharge, or promote, or degrade, tion, etc. oilicial proscrip or in 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. Giving money, etc., to officials for political purposes prohibited. 106 Ü, S., 371. SEC. 14. That no officer, clerk, or other person in the serv ice 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. 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. * Title 19. SEC. 1754. Persons honorably discharged from the military or naval service by reason of disability resulting from Preference of wounds or sickness incurred in the line of duty, shall be persons disabled in military or napreferred for appointments to civil offices, provided they val service. are found to possess the business capacity necessary for the Mar. 3, 1865, proper discharge of the duties of such offices. res. No. 27, s. 1, v. 13, p. 571. Idem, sec. 2. SEC. 1755. In grateful recognition of the services, sacri- Recommenda tion for employfices, and sufferings of persons honorably discharged from ment of such per the military and naval service of the country, by reason of sons. 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. sol diers and sailors Provided, That in making any reduction of force in any Aug. 15, 1876. of the Executive Departments, the head of such Depart Preference to ment shall retain those persons who may be equally quali- discharged fied, who have been honorably discharged from the military in matters of 10or naval service of the United States, and the widows and ductions. orphans of deceased soldiers and sailors. Note 5.-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. Aug. 15, 1876, s. 3, v. 19, p. 143. OATH OF OFFICE, ETC. May 13, 1884. Supp. R. S., p. 428. Official oath, form of. Sec. 1756. Official oath-form of. Sec. 1778. Other persons before whom oath may be taken. Act January 16, 1883. Contributions, etc. That section seventeen hundred and fifty-six of the Revised Statutes be, and the same is hereby, repealed; And hereafter the oath to be taken by any person elected or appointed to any office of honor or profit either in the R. S., Bec. 1757, civil, military, or naval service, except the President of the United States, shall be as prescribed in section seventeen hundred and fifty-seven of the Revised Statutes. Aug. 29, 1890, ch. 820, s. 1. Repeal of R. S., sec. 1756. But this repeal shall not affect the oaths prescribed by existing statutes in relation to the performance of duties in special or particular sub-ordinate offices and employments. Existing SEC. 3. That the provisions of this act shall in no manrights, duties, penalties, etc., ner affect any right, duty, claim, obligation, or penalty now not affected. existing or already incurred; and all and every such right, Oath for certain persons. duty, claim, obligation, and penalty shall be heard, tried, and determined, and effect shall be given thereto, in the same manner as if this act had not been passed. SEC. 1757. Whenever any person who is not rendered July 11, 1868, ineligible to office by the provisions of the fourteenth ch. 139, v. 15, p. amendment to the Constitution is elected or appointed to ch. 53, v.16, p.412. any office of honor or trust under the Government of the 85; Feb. 15, 1871, Who may administer oath. United States, and is not able, on account of his participation in the late rebellion, to take the oath prescribed in the preceding section, he shall, before entering upon the duties of his office, take and subscribe in lieu of that oath the following oath: "I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." SEC. 1758. The oath of office required by either of the Aug. 6, 1861, two preceding sections may be taken before any officer 8. 2, v. 12, p. 326; who is authorized either by the laws of the United States, 66, v. 19, p. 34, as or by the local municipal law, to administer oaths, in the to administering State, Territory, or District where such oath may be administered. Apr. 18, 1876, ch. oaths in the Senate. officer to charge August 29, 1890. And no officer, clerk, or employee of any executive depart26 Stat. L., 370. ment who is also a (1) notary public or other officer authorNo department ized to administer oaths, shall charge or receive any fee or fees for oath of compensation for administering oaths of office to employees office to em- of such department required to be taken on appointment or K. S., §§ 1757- promotion therein. ployees. 1759. May 13, 1884, ch. 46, ante, p. 428. Note 1.-For laws as to notaries public in the District of Columbia, see R. S. of D. C., §§ 979-992, 1878, June 7, ch. 162, § 5. |