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carried to the surplus fund. This section, however, shall not apply to appropriations known as permanent or indefinite appropriations.

Department Circular No. 133, dated December 15, 1903, requires that all unexpended balances of annual appropriations be deposited to the credit of the Treasurer of the United States as soon as practicable after the expiration of the fiscal year for which they were made.

Unexpended balances of appropriations after two years to be covered into Treasury.

*

Sec. 5. [Act of June 20, 1874 (18 Stat., 110).] That from and after the first day of July, eighteen hundred and seventy-four, and of each year thereafter, the Secretary of the Treasury shall cause all unexpended balances of appropriations which shall have remained upon the books of the Treasury for two fiscal years to be carried to the surplus fund and covered into the Treasury:

Provided, That this provision shall not apply to permanent specific appropriations.

XI Comp. Dec., 400.

Funds in the hands of disbursing officers. (15 Op. Atty. Gen., 357.) Sec. 10. [Act of March 4, 1909 (35 Stat., 1027).] The Secretary of the Treasury shall cause all unexpended balances of appropriations which remained on the books of the Treasury on the first day of July, nineteen hundred and four, except permanent specific appropriations, judgments and findings of courts, trust funds, and appropriations for fulfilling treaty obligations with the Indians, to be carried to the surplus fund and covered into the Treasury: Provided, That such sums of said balances as may be needed to pay contracts existing and not fully discharged at the date of this Act shall remain available for said purposes. For the purposes herein declared no appropriation made prior to July first, nineteen hundred and four, shall be construed to be a permanent specific appropriation unless by its language it is specifically and in express terms made available for use until expended.

Dept. Cir. No. 133, December 15, 1903,

Advances of public moneys prohibited.

SEC. 3648. No advance of public money shall be made in any case whatever. And in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the articles delivered previously to such payment. It shall, however, be lawful, under the special direction of the President, to make such advances to the disbursing officers of the Government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfillment of the public engagements.

XII Comp. Dec., 67.

Assignment of claims void, unless, etc. SEC. 3477. All transfers and assignments made of any claim upon the United States, or of any part or share thereof, or interest therein, whether absolute or conditional, and whatever may be the considera

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tion therefor, and all powers of attorney, orders, or other authorities for receiving payment of any such claim, or of any part or share thereof, shall be absolutely null and void, unless they are freely made and executed in the presence of at least two attesting witnesses, after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof. Such transfers, assignments, and powers of attorney, must recite the warrant for payment, and must be acknowledged by the person making them, before an officer having authority to take acknowledgment of deeds, and shall be certified by the officer; and it must appear by the certificate that the officer, at the time of the acknowledgment, read and fully explained the transfer, assignment, or warrant of attorney to the person acknowledging the same.

United States v. Gillis (95 U. S., 407); Spofford v. Kirk (79 U. S., 484); McKnight v. United States (98 U. S., 185); Goodman v. Niblack (102 U. S., 560; 11 Op. Atty. Gen., 520; 16 Id., 262) ; Lopez v. United States (35 Int. Rev. Rec., 31; 17 Op. Atty. Gen., 545); Price v. Forrest (173 U. S., 410).

Payment to attorney in fact holding unrevoked power of attorney executed prior to allowance of claim good as between the Government and claimant. (Bailey et al. v. United States, 109 U. S., 432; 29 Int. Rev. Rec., 420.)

This section does not apply to transfers by operation of law (Erwin 0. United States, 97 U. S., 392 ; Butler v. Goreley, 146 U. S., 303).

Indorsement and payment of Treasury warrants. (See Dept. Cir. No. 41, Apr. 23, 1902.)

Assignment of claims-laws and decisions considered. (VI Comp. Dec. 101 ; 22 Op. Atty. Gen., 637; 25 Id., 279; 17 Comp. Dec., 467.)

Power of attorney for indorsement of checks in payment of claims. (Dept. Cir. No. 21, Oct. 28, 1913.)

Attorneys before the Treasury Department.

SEC. 3. [Act of July 7, 1884 (23 Stat., 258).]

That the Secretary of the Treasury may prescribe rules and regulations gorerning the recognition of agents, attorneys, or other persons representing claimants before his Department, and may require of such persons, agents, and attorneys, before being recognized as representatives of claimants, that they shall show that they are of good character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of their cases. And such Secretary may, after due notice and opportunity for hearing, suspend and disbär from further practice before his Department any such person, agent, or attorney, shown to be incompetent, disreputable, or who refuses to comply with the said rules and regulations, or who shall with intent to defraud, in any manner willfully and knowingly deceive, mislead, or threaten any claimant or prospective claimant, by word, circular, letter, or by advertisement.

Drafts in payment of claims to be delivered to claimant, and not to attorneys. (32 Int. Rev. Rec., 325.)

Regulations governing attorneys and agents practicing before the Treasury Department. (Dept. Cir. No. 13, Feb. 6. 1886; Dept. Cir. No. 94, Oct. 14, 1890; 36 Int. Rev. Rec., 327.)

Delivering warrants to attorneys. (25 Op. Atty. Gen., 279.)

Use of name of Members of Congress by one practicing before department of Government.

Sec. 1. [Act of April 27, 1916 (39 Stat., 54).] That it shall be unlawful for any person, firm, or corporation practicing before any department or office of the Government to use the name of any Member of either House of Congress or of any officer of the Government in advertising the said business.

Sec. 2. That this Act shall take effect three months after its date.

Duplicate checks authorized whenever any original check is lost, stolen, or destroyed.

Sections 36 16 and 3647, amended by the act of February 23, 1909. (35 Stat., 643.) Regulations No. 2, revised, page 102. Section 3646, amended by act of March 21, 1916 (39 Stat., 37) ; 30 Op. Atty. Gen., 66 (Dept. Cir. No. 54, Feb. 7, 1916).

Letters, packages, etc., on Government business sent free-Penalty envelopes.

Sec. 5. [Act of March 3, 1877 (19 Stat., 335).] That it shall be lawful to transmit through the mail free of postage any letters, packages, or other matters relating exclusively to the business of the Government of the United States: Provided, That every such letter or package, to entitle it to pass free, shall bear over the words

Official business” an endorsement showing also the name of the Department, and, if from a bureau or office, the names of the Department, and bureau or office, as the case may be, whence transmitted. And if any person shall make use of any such official envelope to avoid the payment of postage on his private letter, package, or other matter in the mail, the person so offonding shall be deemed guilty of a misdemeanor, and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction.

Sec. 6. That for the purpose of carrying this act into effect, it shall be the duty of each of the Executive Departments of the United States, to provide for itself and its subordinate officers the necessary envelopes; and in addition to the endorsement designating the Department in which they are to be used, the penalty for the unlawful use of these envelopes shall be stated thereon.

15 Op. Atty. Gen., 262; 16 Id., 455 ; 17 Id., 255, 264.
As to the Philippines, 24 Id., 534.

Section 29 of the act of March 3, 1879 (20 Stat., 355), amended by the act of July 5, 1884 (23 Stat., 156), extends the provisions of the above act to all officers of the United States Government, not including Menbers of Congress, except to pension agents or other officers who receive a fixed allowance for their service, including expenses for postage. Includes United States Commissioners. (17 Op. Atty. Gen., 183, 631.)

Abuse of official frank. (Circular letter, Nov. 25, 1895; 41 Int Rey, Rec., 489.)

Unlawful use of penalty envelopes. (Circular No. 344; 36 Int. Rev. Rec., 149; Circular No. 599; T. D. 319.)

The right to use penalty envelopes. (T. D. 265; T. D. 833.)

Fraudulent use of official envelopes. (Sec. 227, act of March 4, 1909, 35 Stat., 1134.)

Franking official mail matter. (T. D. 1844.)

Penalty envelopes can not be used by rectifiers to transmit reports.

(T. D. 2221.) Sec. 2. [1ct of March 3, 1883 (22 Stat., 563).]

* * And it shall be the duty of the respective Departments to inclose to Senators, Representatives, and Delegates in Congress, in all official communications requiring answers, or to be forwarded to others penalty envelopes addressed as far as practicable, for forwarding or answering such official correspondence.

Inclosing envelopes with return addresses. (Act of July 5, 1884, 23 Stat. 158.)

Government to have priority in transmission of telegrams. SEC. 5266. Telegrams between the several Departments of the Government and their officers and agents, in their transmission over the lines of any telegraph company to which has been given the right of way, timber, or station lands from the public domain shall have priority over all other business, at such rates as the PostmasterGeneral shall annually fix. And no part of any appropriation for the several Departments of the Government shall be paid to any company which neglects or refuses to transmit such telegrams in accordance with the provisions of this section.

Oficial telegraphing. (Dept. Cir. No. 19, Aug. 21, 1913.)

Government rates for telegraphing. (Regulations No. 2, revised, p. 126.)

Telegrams of a personal character addressed to Office of the Commissioner of Internal Revenue must be prepaid. Where a response to such dispatches is required payment therefor must be provided for by the person in interest. (T. D. 19221; T. D. 444.)

In addressing official telegraphic messages, it is necessary to use only the words “ Commissioner Internal Revenue, Washington, D. C.," the name of the Commissioner or of a deputy commissioner being superfluous. (T. D. 444; Cir. No. 613.)

Regulations concerning official telegrams. (T. D. 1879.)

Mimeograph letter 985, January 13, 1914, use of night telegrams and the use of only the surname and official title of the sender.

Disposition of useless papers.

The act to authorize and provide for the disposition of useless papers in the executive departments, approved February 16, 1889 (25 Stat., 672; 35 Int. Rey. Rec., 62; 1 Supp. R. S., 644), provides that whenever there shall be in any one of the executive departments an accumulation of papers, which are not needed or useful in the transaction of the current business, and have no permanent value or historical interest, it shall be the duty of the head of the department to submit to Congress a report of that fact, accompanied by a concise statement of the condition and character of such papers.

After destruction has been authorized by Congress, it is the duty of the head of the department to sell such papers as waste paper, after due publication, to pay the proceeds into the Treasury, and make report to Congress.

This act was amended by the sundry civil appropriation act of March 2, 1895 (28 Stat., 933), “ so as to include in its provisions any accumulation of files of papers of a like character therein described now. or hereafter in the various public buildings under the control of the several executive departments of the Government.”

CILAPTER 5.

OFFICERS, CLERKS, AND EMPLOYEES. Honorably discharged soldiers or sail- Employees to be paid from special apExpenses of clerks, officers, etc., sent

ors disabled in the service preferred propriations only. for appointment.

Transfers and details. Preference given to soldiers and sol- Lump-sum appropriations.

diers' widows in reducing force. Holidays. Removals and reductions.

Double salaries, compensation for exEfficiency ratings.

tra services, perquisites, etc.

away as witnesses. No mileage beyond traveling expenses

allowed. Certain business forbidden to clerks

in the Treasury Department, Penalty for officers and clerks receiv

ing compensation in matters before the department.

Officers interested in claims; penalty.
Persons formerly in the departments

not to prosecute claims in them

within two years.
Restrictions on payment for services,
Presents to superior oflicers prohibiteil.
Political contributions, immunity from

official proscription.

President authorized to prescribe regulations.

Sec. 1753. The President is authorized to prescribe 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.

In section 7 of the civil-service act it is provided that nothing contained in the act shall be construed to take from the President any authority not inconsistent with the same conferred by section 1753.

Preference of persons disabled in military or naval service.

Sec. 1754. Persons honorably discharged from the military or naval service by reason of disability resulting 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.

Not repealed by the civil-service act. Section 7, act January 16, 1883 (22 Stat., 403).

17 Op. Atty. Gen., 194; 27 Op. Atty. Gen., 490, July 28, 1909; Keim v. U. S., 117 U. S., 290, affirming 33 Ct. Cls., 174,

Executive order, preference of veterans. (Int. Rev. Cir. No. 644; T. D. 681.)

The matter of capability and personal fitness is a matter of judgment for the appointing power. (19 Op. Atty. Gen., 318.)

Transfer of duties and preference of soldiers' and sailors' widows.

Sec. 3. Act of August 15, 1876 (19 Stat., 169).1 That whenever, in the judgment of the head of any department, the duties assigned to a clerk of one class can be as well performed by a clerk of a lower class or by a female clerk, it shall be lawful for him to diminish the number of clerks of the higher grade and increase the number of the clerks of the lower grade within the limit of the total appropriation for such clerical service: Provided, That in 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.

Wheelock v. United States (46 Ct. Cls., 1).

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