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Publie holidays.

Sec. 993. [Revised Statutes relating to District of Columbia.] The following days, namely: The first day of January, commonly called New Year's Day; the fourth day of July; the twenty-fifth day of December, commonly called Christmas Day; and any day appointed or recommended by the President of the United States as a day of public fast or thanksgiving, shall be holidays within the District.

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The 22d of February made a holiday. (Act of January 31, 1879; 20 Stat., 277.)

Inauguration Day made a holiday. (Act of June 18, 1888; 25 Stat., 185.)

“ Decoration Day” made a holiday. (Act of August 1, 1888; 25 Stat., 353.)

The first Monday in September (labor's holiday) made a holiday. (Act of June 28, 1894; 28 Stat., 96.)

Legal holidays falling on Sunday the next day shall be a holiday. (Act of December 20, 1881 ; 22 Stat., 1.)

As to ministerial acts performed on Sunday and holidays, see In re Worthington (23 Int. Rev. Rec., 233).

Holidays; hours of labor in executive departments. (25 Op. Atty. Gen., 40.)

The joint resolution of January 6, 1885 (23 Stat., 516) provides that per diem employees of the Government on duty at Washington, or elsewhere in the United States, shall be allowed the following holidays, to wit: The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, and such days as may be designated by the President as da for national thanksgiving, and shall receive the same pay as on other days.

The joint resolution of February 23, 1887 (24 Stat., 644) provides that per diem employees of the Government, on duty at Washington or elsewhere in the United States, shall be allowed “Memorial ” or “ Decoration Day," and the fourth of July, as holidays, and shall receive the same pay as on other days. (11 Comp. Dec., 393.)

Pay of per diem employees Labor Day. (Dept. Cir. No. 49, August 31, 1910; 22 Comp. Dec., 404.)

Double salaries—Compensation for extra services—Extra allowances-Perquisites, etc.


Sec. 1763. No person who holds an office, the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars, shall receive compensation for discharging the duties of any other oflice, unless expressly authorized by law.

Talbot's case (10 Ct. Cls., 426).

The statutes do not prohibit a person from drawing the salaries of two distinct offices which he legitimately holds. (5 Op. Atty. Gen., 765 ; 6 Id., 80; 9 Id. 507; 10 Id., 446; 15 Id., 306; 16 Id., 7; Collins v. United States, 15 Ct. Cls., 22.)

In construing statutes restraining the Executive from giving dual or extra compensation, courts have aimed to carry out the legislative intent by giving them sufficient flexibility not to injure the public service and sufficient rigidity to prevent Executive abuse. (Landram v. United States, 16 Ct. Cls., 74; 27 Int. Rev. Rec., 80.)

No person who holds an office the salary or annual compensation attached to which amounts to the sum of $2,500 shall be appointed to or hold any other office to which compensation is attached unless heretofore or hereafter specially authorized thereto by law, but this shall not apply to retired officers of the Army or Navy. (See sec. 2, act of July 31, 1894; 28 Stat., 205; 16 Comp. Dec., 823.)

Holding State offices by officers or employees. (18 Op. Atty. Gen., 3.)

When combined amount of salaries exceeds the sum of $2,000 per annum. Section 6, act of May 10, 1916. (39 Stat., 120.)

Compensation may be paid officers holding two compatible positions.

(Op. Solic. of Treasury, Feb. 1, 1887.) Sec. 1764. No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law.

Section 170 prohibits payment to department clerks for extra services unless authorized by law.

An agreement by the Secretary of the Interior to pay a clerk in his department for services rendered to the Government by labors abroad, the clerk still holding his place and drawing his pay as clerk in the Interior, held void. (Stansbury v. United States, 8 Wall., 33.)

See also disbursing clerk's case (5 Lawrence Dec., 401) ; Wade's case

(27 Int. Rev. Rec., 16); Herndon's claim (26 Id., 314). Sec. 1765. No officer in any branch of the public service, or any other person whose salary, pay, or emoluments are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is authorized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or compensation.

The construction which has been given to these statutes (secs. 1763, 1764, 1765) is that the intent and effect of them is to forbid officers holding one office to receive compensation for the discharge of duties belonging to another, or additional pay, extra allowance, or compensation for such other services or duties where they hold the commission of but a single office, and by virtue of that office, or in addition to the duties of that office, have assigned to them the duties of another office. According to the decisions, however, if an oflicer holds two distinct commissions, and thus two distinct offices, he may receive the salary for each. Converse 1. United States, leading case on questions of additional compensation (21 Howard, 463; 15 Op. Atty. Gen., 308, 608). United States v. Brindle (110 U. S., 689). Hartson v. United States (21 Ct. Cls., 451; 32 Int. Rev. Rec., 238). In this case the Supreme Court went further than it had gone in any previous decision and held that where a person holds two separate employments, though not technically offices, he is entitled to the compensation of both. Saunders 1. United States (120 U. S., 126; 33 Int. Rev. Rec., 63); Collins case (15 Ct. Cls., 22); Whitaker 1. United States (27 Ct. Cls., 524; 43 Int. Rev. Rec., 193).

Deputy marshal not an “officer," and can be paid for services in assisting the collector in destroying illicit stills. (Brown's case, 28 Int. Rev. Rec., 19.)

A deputy marshal has been held to be an officer of the United States. (29 Op. Atty. Gen., 597.)

Deputy collector not an officer within the meaning of section 1765. (Landram v. United States, 16 Ct. Cls., 74; 27 Int. Rev. Rec., 80.)

Payment of double compensation to a person holding two appointments

at the same time. (10 Comp. Dec., 726 ; see also 11 Id., 392.) Sec. 3. (Act of March 20, 1874 (18 Stat., 109; 1 Supp. R. S., 47).] That no civil officer of the Government shall hereafter receive any compensation or perquisites, directly or indirectly, from the Treasury or property of the United States beyond his salary or compensation allowed by law:

Provided, That this shall not be construed to prevent the employment and payment by the Department of Justice of district attorneys as now allowed by law for the performance of services not covered by their salaries or fees.

This act relates only to “ civil officers." It does not extend to the clerk of a supervisor of internal revenue. (Hedrick v. United States, 16 Ct. Cls., 88.)

Double salaries restricted.

Sec. 6. [Act of May 10, 1916 (39 Stat, 120).] That unless otherwise specially authorized by law no money appropriated by this or any other act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum, but this shall not apply to retired officers of the Army, Navy, or Marine Corps, whenever they may be appointed or elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate or to officers and enlisted men of the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia.

Payment of expenses of clerks, officers, etc., sent away as witnesses.

SEC. 850. When any clerk or other officer of the United States is sent away from his place of business as a witness for the Government, his necessary expenses, stated in items and sworn to, in going, returning, and attendance on the court, shall be audited and paid; but no mileage, or other compensation in addition to his salary, shall in any case be allowed.

Expenses can be taxed in the bill of costs for the travel or attendance of Government clerks. (United States v. Sanborn, 135 U. S., 271; 36 Int. Rev. Rec., 142.)

Deputy collectors are included under the words “other officer of the United States ” according to the ruling of the department.

Expenses of deputy collectors incurred in attendance upon preliminary examination before United States Commissioners in obedience to subpænas. (T. D., 1610, XVI Comp. Dec., 838.)

The word “ officer” in this section is to receive a liberal construction. (17 Comp. Dec., 584.)

Expenses of collectors and deputy collectors which attending a Federal court as witness in response to subpænas incurred, after July 1, 1908, payable from appropriation for "Fees of witnesses.' (20 Comp. Dec., 195; T. D. 1363.)

Instructions, Department of Justice, June 1, 1916, to United States marshals, attorneys, etc., page 107.

Expenses incurred by departmental clerk in obeying subpæna. (XVI Comp. Dec., 672.)

No mileage beyond traveling expenses allowed.

[Extract from act of June 16, 1874 (18 Stat., 72).)

Provided, That only actual traveling expenses shall be allowed to any person holding employment or appointment under the United States, and all allowances for mileages and transportation in excess of the amount actually paid are hereby declared illegal; and no credit shall be allowed to any of the disbursing officers of the United States for payment or allowances in violation of this provision.

Certain business and emoluments forbidden to clerks in the Treasury Department. SEC. 244. Every clerk employed in the Treasury Department who carries on any trade or business in the funds or debts of the United States, or of any State, or in any kind of public property, or who takes or applies to his own use any emolument or gain for negotiating or transacting any business in the Department, shall be deemed guilty of a misdemeanor, and punished by a fine of five hundred dollars and removal from office.

Sections 1788, 1789; section 103, Criminal Code, act of March 4, 1909, page 671. Oficers and clerks receiving compensation in matters before the departments; penalty. [$1782.] SEC. 113. [Act of March 4, 1909, Criminal Code (35 Stat., 1109).] Whoever, being elected or appointed a Senator, Member of or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, or being head of a department, or other officer or clerk in the employ of the United States, shall, directly or indirectly, receive, or agree to receive, any compensation whatever for any services rendered or to be rendered to any person, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party or directly or indirectly interested, before any department, court-martial, bureau, officer, or any civil, military, or naval commission whatever, shall be fined not more than ten thousand dollars and imprisoned not more than two years; and shall, moreover, thereafter be incapable of holding any office of honor, trust, or profit under the Government of the United States.

Contracts with the Government by executive officers. (14 Op. Atty. Gen., 482; 24 Op. Atty Gen., 557.)

Prohibition against officers taking money or other valuable consideration for procuring places or contracts. Sec. 1781 superseded by sec. 112, act of March 4, 1909 (Criminal Code).

Oficers and employees of Internal Revenue Bureau prohibited from acting as agents for surety companies. (T. D. 21025.)

omcers prosecnting claims against the United States; penalty. [$5498.7 SEC. 109. (Act of March 4, 1909, Criminal l'oile (35 Stat., 1107).] Whoever, being an officer of the United States, or a person holding any place of trust or profit, or discharging any official function under, or in connection with, any Executive Department of the Government of the United States. or under the Senate or House of Representatives of the United States, shall act as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, shall aid or assist in the prosecution or support of any such claim. or receive any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall be fined not more than five thousand dollars, or imprisoned not more than one year, or both.

- No general provision in statutes forbidding executive officers to contract directly with Government as principals in matters separate from performance of official duties. (14 Op. Atty. Gen., 482.)

Member of Congress is an officer within the meaning of section 32 of the Criminal Code. (Lamar v. United States, 241 U. S., 103.)

A Menuber of Congress is not an officer. (17 Op. Atty. Gen., 420; United States v. Burton, 131 Fed., 552; Burton v. United States, 196

U. S., 283; see 202 U. S., 344.) Persons formerly in the Departments not to prosecute claims in them within two years. Sec. 190. It shall not be lawful for any person appointed after the first day of June, one thousand eight hundred and seventy-two, as an officer, clerk, or employé in any of the Departments, to act as counsel, attorney, or agent for prosecuting any claim against the United States which was pending in either of said Departments while he was such officer, clerk, or employé, nor in any manner, nor by any means, to aid in the prosecution of any such claim, within two years next after he shall have ceased to be such officer, clerk, or employé. See 20 Op. Atty. Gen., 696.

Restriction on payment for services; oath to be required. Sec. 1790. No officer or clerk whose duty it is to make payments on account of the salary or wages of any officer or person employed in connection with the customs or the internal-revenue service, shall make any payment to any officer or person so employed on account of services rendered, or of salary, unless such officer or person so to be paid has made and subscribed an oath that, during the period for which he is to receive pay, neither he, nor any member of his family, has received, either personally or by the intervention of another party, any money or compensation of any description whatever, nor any promises for the same, either directly or indirectly, for services rendered or to be rendered, or acts performed or to be performed, in connection with the customs or internal revenue; or has purchased, for like services or acts, from any importer, if alliant is connected with the customs, or manufacturer, if affiant is connected with the internal-revenue service, consignee, agent, or customhouse broker, or other person whomsoever, any merchandise, at less than regular retail market prices therefor.

Prohibition of contributions, presents, etc., to official superiors. Sec. 1781. No officer, clerk, or employé in the United States Government employ shall at any time solicit contributions from other officers, clerks, or employés in the Government service for a gift or present to those in a superior official position; nor shall any such officials or clerical superiors receive any gift or present offered or presented to them as a contribution from persons in Government employ receiving a less salary than themselves; nor shall any officer or clerk make any donation as a gift or present to any oflicial superior. Every person who violates this section shall be summarily discharged from the Government employ.

Collections from officers and employees in the field service for personal

gifts prohibited. (T. D. 2862.) Penalty for oficers and employees giving to or receiving from other omcers money, etc., for

political purposes. Sec. 6. [Act of August 15, 1876 (!9 Stat., 169).] That all executive officers or employees of the United States not appointed by the Pres

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