placed in the Division of Alaska Fisheries by Act March 4, 1911, should be appointed by the Secretary of Commerce and Labor. Id.

The position of local agent, Seattle, Wash., in the Bureau of Fisheries, the duties of which are strictly clerical, is within the meaning of this section, and the appointment should be made by the Secretary of Commerce and Labor. Id.

Employment and compensation of agents and special officers.-The department charged with the execution of a particular authority, business, or duty, which, for its due execution, requires services and duties to be performed, not strictly appertaining to or devolved upon any particular officers, or which require agencies of a special discretionary nature, possesses the right to employ proper persons to perform the same, and also the right, when the service or duty is an extra service or duty, to allow the persons so employed a suitable compensation. U. S. v. Ripley (1833) 7 Pet. 18, 24, 8 L. Ed. 593; U. S. v. Fillebrown (1833) 7 Pet. 28, 44, 8 L. Ed. 596; Gratiot v. U. S. (1841) 15 Pet. 336, 370, 10 L. Ed. 759. See U. S.

v. Macdaniel (1833) 7 Pet. 1, 11, 8 L. Ed. 587.

The head of a department is authorized, in the administration of the duties of his office, to employ agents, and to determine when an exigency arises demanding their employment. U. S. v. Potter (C. C. 1879) Fed. Cas. No. 16,076.

The compensation of special officers employed by the head of a department may be fixed by special agreement. U. S. v. Cadwalader (D. C. 1835) Fed. Cas. No. 14,706.

Where the accounts of a public officer employed by the head of a department under a special contract are settled, and a certain rate of compensation allowed, he continues to be entitled to the same rate of compensation until a new agreement is made. Id.

Liability of head of department for Act in reliance on subordinate.-The head of a department incurs no personal liability by executing an instrument which should not have been executed if he acts in reliance upon properly chosen subordinates whose ability and good faith he has no reason to question. (1893) 20 Op. Atty. Gen. 573.

§ 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 repeal 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 4, 1915, c. 147, § 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.

The detail of persons in the classified service in the executive, legislative, and judicial departments at Washington for service outside of the District of Columbia, except for or in connection with work pertaining directly to the service at the seat of government of the department or other Government establishment from which the detail is made, is prohibited by § 5 of the legislative, executive, and judicial appropriation act for the fiscal year 1917, Act May 10, 1916, c. 117, § 5, post, § 252a.

A proviso that no clerk, messenger, or laborer at headquarters of tactical divisions, military 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 1917 was by Act Aug. 29, 1916, c. 418, post, § 317.

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 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

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 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat.

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 1917 was by Act May 10, 1916, c. 117, § 3, 39 Stat.

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.

All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, 3228a.

The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b.

Unless otherwise specifically authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a.

Notes of

Purpose of section.-The purpose of Congress in these provisions was to deprive the officers of the government of all authority to employ at the "seat of government" "civil officers, clerks, and other employés," except such as might be specifically appropriated for. Plummer v. U. S. (1889) 24 Ct. Cl. 517.

The purpose of this section was to prevent the expenditure of public money in the employment of subordinate persons at the seat of government out of appropriations made for general purposes, so as to insure the efficient control by Congress, not only over the amounts of money expended, but also over the number and character of subordinate officers and employés in the service of the United States employed at the seat of government. (1908) 26 Op. Atty. Gen. 522.

The section in no wise limits the discretion of the heads of the several Executive Departments as to the character of the work which shall be required of their several employés, but is intended to prevent the employment of subordinate officers or employés at the seat of government without specific appropriations for their payment. (1908) 26 Op. Atty. Gen. 522.

Decisions

Approval of promotions and certifications for vacancies by Civil Service Commission.-There is nothing in the Civil Service Act of January 16, 1883, §§ 2, 6, 7, post, §§ 3272, 3277, 3278, nor in this section, which prohibits the Civil Service Commission from approving a promotion, otherwise unobjectionable, where it is informed that the appointing officer expects or intends to assign to the appointee duties not included within the designation given to his position in the specific appropriation providing for his compensation. (1908) 26 Op. Atty. Gen. 522.

Neither is there anything in either of those acts preventing the certification by the Commission of eligibles for a vacancy from registers not designating functions of the nature suggested by the title of the position given in the specific appropriation providing for the compensation of the employé. Id.

Employment of substitutes for clerks, etc.-The employment of substitutes for clerks, etc., in the departments, who are temporarily absent, from sickness or other unavoidable cause, would be unauthorized where an additional expenditure would be requisite for their employment, and there is no specific appropria

tion therefor. (1890) 19 Op. Atty. Gen. 507, 508.

Rights of persons employed without specific appropriation.-These prohibi- . tions against the employment of persons in Washington beyond specific appropriations therefor are binding on the heads of departments and persons employed therein alike. An innocent employé is not bound to know that his superior is properly disbursing a fund committed to his discretion, but is bound to know that

his own employment is authorized by law and within the discretion of his superior. Plummer v. U. S. (1889) 24 Ct. Cl. 517.

A deputy auditor of the treasury detailed to disburse a fund under the administration of the Navy Department; and performing that service in Washington, is prohibited by this act, as well as by R. S. § 1765, post, § 3234, from receiving compensation additional to his salary. Whitaker v. U. S. (1892) 27 Ct. Cl. 524.

§ 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 legislatiye, 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.

Et 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.

Notes of Decisions

Departments and offices, and clerks, etc., within provision. This provision was not intended to apply to the entire classified service, for, if it were, the words "in any of the Executive Departments" would be altogether superfluous. Only the subordinates of the several departments enumerated in R. S. § 158, ante, § 232, were to be included. (1907) 26 Op. Atty. Gen. 209.

It is lawful therefore, for the Civil Service Commission to consent to the transfer of a classified employé from an independent office of the government to a department or another independent office or bureau, although such employé may not have served three years in the office or bureau from which he seeks transfer, as is required by this section, of clerks and employés of the Executive Departments. Id.

The "field force" of an Executive Department-that is, its classified employés under its immediate control, as inspectors, examiners, and agents, though employed usually or invariably away from

the seat of government-are governed by this provision with regard to transfers. Id.

The provision is not applicable to the Philippine Commission or to the Isthmian Canal Commission. Id.

The three-year limitation as to transfers in the Executive Departments, prescribed by this section, does not apply to employés and subordinates in post offices, pension agencies, custom houses, ordinance establishments, subtreasuries, navy yards, and quartermaster's establishments. (1907) 26 Op. Atty. Gen. 254.

The language of that provision imports that the persons to which it applies are actually "in" the departments at the seat of government, or that the performance of duties away from such departments is by direct orders from and under supervision by those departments. Id.

Where a branch of the civil service of the government under the supervision of an Executive Department may prop

erly be regarded as a distinct and independent office, it is not in the department within the meaning of this statute; but clerks and employés not in any such independent offices, and under the immediate control of the several departments, are covered by the statute, although usually or invariably away from the seat of government. (1909) 27 Op. Atty. Gen. 421, 425.

The rule laid down by Attorney General Devens in (1877) 15 Op. Atty. Gen. 262, 267, stated in note to section 232, ante, as to what bureaus and offices may be deemed bureaus and offices in any of the Executive Departments, approved and held applicable. (1907) 26 Op. Atty. Gen. 254.

Classified employés on the rolls of the Forest Service, Department of Agriculture, in Washington, are required by this section to serve three years before their transfer to other departments is permissible. (1909) 27 Op. Atty. Gen. 421. And see (1908) 27 Op. Atty. Gen. 100.

Extension of requirement to remainder of classified services.-The requirement of three years' service before transfer from one department to another was extended by the President, by Civil Service Rule X, § 8, clause (a), to transfers within the remainder of the classified service, with the proviso that in the case of a transfer not between one Executive Department and another at Washington, the Civil Service Commission may waive the three-year limit of time, under certain given conditions. (1908) 27 Op. Atty. Gen. 100.

Time when transfer becomes effective. -The transfer of a clerk's name from the roll of the Department of Agriculture, Forest Service, in Washington, to that of the field force of the same service, is effective from the date of the transfer, notwithstanding such employé may not actually have entered upon the' discharge of her duties as a member of that force. (1908) 27 Op. Atty. Gen. 100.

§ 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 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

§ 252a. (Act May 10, 1916, c. 117, § 5.) Details of persons in classified service at Washington for service outside District of Columbia.

That in expending appropriations made in this Act persons in the classified service at Washington, District of Columbia, shall not be detailed for service outside of the District of Columbia except for or in connection with work pertaining directly to the service at the seat of government of the department or other Government establishment from which the detail is made: Provided, That nothing in this section shall be deemed to apply to the investigation of any matter or the preparation, prosecution, or defense of any suit by the Department of Justice. (39 Stat.)

This section was a part of the legislative, executive, and judicial appropriation act for the fiscal year 1917, cited above. The appropriations referred to are those made in said act for officers, etc., in the legislative, executive, and judicial departments.

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