§ 914. (Act March 6, 1902, c. 139, § 5.) Appointment of employés; preference of honorably discharged soldiers and their widows. All employees of the Census Office, at the date of the passage of this Act, except unskilled laborers, may be appointed by the Director of the Census with the approval of the head of the Department to which said Census Office is attached, and when so appointed shall be and they are hereby placed, without further examination, under the provisions of the civil service Act approved January sixteenth, eighteen hundred and eighty-three, and the amendments thereto and the rules established thereunder; and persons who have served as soldiers in any war in which the United States may have been engaged, who have been honorably discharged from the service of the United States, and the widows of such soldiers, shall have preference in the matter of employment; and all new appointments to the permanent clerical force in the Census Office hereby created shall be made in accordance with the requirements of the civil service Act above referred to. Act March 6, 1902, c. 139, § 5, 32 Stat. 51. The Civil Service Act of 1883, with the amendments thereto, mentioned in this section, is set forth post, §§ 3271-3282. Notes of Decisions Special agents and field employés.The words "all employés of the Census Office" cannot be held to apply to special agents or other field employés who may be temporarily assigned to service in the Census Office. (1902) 24 Op. Atty. Gen. 78. Nature and extent of requirement as to preference.-The preference given honorably discharged soldiers of the United States by this section in the matter of employment in the permanent Census Office is not absolute and regardless of qualifications. Such preference is to be given if the person is equally qualified; but the appointing power still retains and must exercise its discretion and judgment in determining the fitness for the required work of the persons to be selected and retained. To this end the Director of the Census may fix a reasonable standard of fitness, and guard it by reasonable regulations intended and calculated to secure an efficient permanent force. Such regulations may relate to age, experience, rating, proposed time of service, etc. The preference given by the statute is one with respect to the place sought or held; but, if a person of the preferred class fails to secure the place he seeks, or to retain the one he has, there is no obligation on the appointing power. to create a vacancy by dismissing an efficient employé to give him another chance. (1902) 24 Op. Atty. Gen. 64. Cited without definite application, Western Loan & Savings Co. v. Butte & B. Consol. Min. Co. (1908) 28 Sup. Ct. 720, 210 U. S. 368, 52 L. Ed. 1101. § 915. (Act July 2, 1909, c. 2, § 3.) Additional officers during decennial census period. After June thirtieth, nineteen hundred and nine, and during the decennial census period only, there may be employed in the Census Office, in addition to the force provided for by the Act of March. sixth, nineteen hundred and two, entitled "An Act to provide for a permanent Census Office," an Assistant Director, who shall be an experienced practical statistician; a geographer, a chief statistician, who shall be a person of known and tried experience in statistical work, an appointment clerk, a private secretary to the Director, two stenographers, and eight expert chiefs of division. These officers, with the exception of the Assistant Director, shall be appointed without examination by the Secretary of Commerce and Labor upon the recommendation of the Director of the Census. The Assistant Director shall be appointed by the President, by and with the advice and consent of the Senate. (36 Stat. 2.) This section and the four sections next following were part of the act entitled "An act to provide for the Thirteenth and subsequent decennial censuses," cited above. Other sections of the act are set forth post, §§ 4485-4487, 4493– 4502, 4505-4513, 4515-4519. The provisions of Act March 6, 1902, c. 139, for officers, etc., in the Census Office, mentioned in this section, were contained in sections 4 and 5 of that act, ante, §§ 913, 914. The decennial census period, mentioned in this section, was defined as the period of three years beginning the first day of July next preceding the census, by section 2 of this act, post, § 4486. The Secretary of Commerce and Labor is to be called the Secretary of Commerce, by a provision of Act March 4, 1913, c. 141, § 1, post, § 932. § 916. (Act July 2, 1909, c. 2, § 4.) Duties of Assistant Director and of appointment clerk; additional bond of disbursing clerk during decennial period. The Assistant Director shall perform such duties as may be prescribed by the Director of the Census. In the absence of the Director the Assistant Director shall serve as Director, and in the absence of the Director and Assistant Director the chief clerk shall serve as Director. The appointment clerk shall perform the appointment duties assigned to the disbursing clerk in section four of the Act entitled "An Act to provide for a permanent Census Office," approved March sixth, nineteen hundred and two. The disbursing clerk of the Census Office shall, at the beginning of the decennial census period, give additional bond to the Secretary of the Treasury in the sum of one hundred thousand dollars, surety to be approved by the Solicitor of the Treasury, which bond shall be conditioned that the said officer shall render, quarter yearly, a true and faithful account to the proper accounting officers of the Treasury of all moneys and properties which shall be received by him by virtue of his office during the said decennial census period. Such bond shall be filed in the office of the Secretary of the Treasury, to be by him put in suit upon any breach of the conditions thereof. (36 Stat. 2.) Act March 6, 1902, c. 139, § 4, mentioned in this section, is set forth ante, § 913. See notes to preceding section of this act, ante, § 915. § 917. (Act July 2, 1909, c. 2, § 5.) Compensation of officials during decennial census period. During the decennial census period the annual compensation of the officials of the Census Office shall be as follows: The Director of the Census, seven thousand dollars; the private secretary to the Director, two thousand two hundred and fifty dollars; the Assistant Director, five thousand dollars; the chief statisticians, three thousand dollars each; the chief clerk, two thousand five hundred dollars; the disbursing clerk, two thousand eight hundred and seventyfive dollars; the appointment clerk, two thousand five hundred dollars; the geographer, two thousand five hundred dollars; the chiefs of division, two thousand dollars each; and the stenographers provided for in section three of this Act, one thousand eight hundred dollars each. (36 Stat. 2.) The compensation of the Director of the Census and officers in the Census Office was prescribed by Act March 6, 1902, c. 139, §§ 3, 4, ante, §§ 911, 913. See notes to section 3 of this act, ante, § 915. § 918. (Act July 2, 1909, c. 2, § 6.) Additional clerks and employés during decennial census period. In addition to the force hereinbefore provided for and to that already authorized by law there may be employed in the Census Office during the decennial census period, and no longer, as many clerks of classes four, three, two, and one; as many clerks, copyists, computers, and skilled laborers, with salaries at the rate of not less than six hundred dollars nor more than one thousand dollars per annum, and as many messengers, assistant messengers, messenger boys, watchmen, unskilled laborers, and charwomen, as may be found necessary for the proper and prompt performance of the duties herein required, these additional clerks and employees to be appointed by the Director of the Census: Provided, That the total number of such additional clerks of classes two, three, and four shall at no time exceed one hundred: And provided further, That employees engaged in the compilation or tabulation of statistics by the use of mechanical devices. may be compensated on a piece-price basis to be fixed by the Director. (36 Stat. 2.) See notes to section 3 of this act, ante, § 915. § 919. (Act July 2, 1909, c. 2, § 7.) Examinations for appointment of additional clerks and employés; selections; temporary employment or appointment; transfers to and from Census Office. The additional clerks and other employees provided for in section six shall be subject to such special test examination as the Director of the Census may prescribe, the said examination to be conducted by the United States Civil Service Commission, the examination to be open to all applicants without regard to political party affiliations, and such examination shall be held at such places in each State as may be designated by the Civil Service Commission. Copies of the eligible registers so established and the examination papers of all eligibles shall be furnished the Director of the Census by the Civil Service Commission, and selections there from shall be made by the Director of the Census, in conformity with the law of apportionment as now provided for the classified service, in the order of rating: * * Provided, however, That when the exigencies of the service require, the Director may appoint for temporary employment not exceeding sixty days' duration from the aforesaid list of eligibles those who, by reason of residence or other conditions, are immediately available; and may also appoint for not exceeding sixty days' duration, persons having had previous experience in operating mechanical appliances in census work whose efficiency records in operating such appliances are satisfactory to him, and may accept such records in lieu of the civil service examination: And provided further, That employees in other branches of the departmental classified service who have had previous experience in census work may be transferred without examination to the Census Office to serve during the whole or a part of the decennial census period, and at the end of such service the employees so transferred, shall be eligible to appointment to positions in any Department held by them at date of transfer to the Census Office, without examination: And provided further, That during the decennial census period and no longer the Director of the Census may fill vacancies in the permanent force of the Census Office by the promotion or transfer of clerks or other employees employed on the temporary force authorized by section six of this Act: And provided further, That at the expiration of the decennial census period the term of service of all employees so transferred and of all other temporary officers and employees appointed under the provisions of this Act shall terminate, and such officers and employees shall not be eligible to appointment or transfer into the classified service of the Government by virtue of their examination or appointment under this Act. (36 Stat. 3.) This section contained, preceding the provisos set forth here, three other provisos, applying in terms to all applicants for positions in the government service, which prescribed certain requirements for appointment, as to residence, health, and limit of one appointment from the same family. Said provisos are set forth post, § 3284. See notes to section 3 of this act, ante, § 915. Notes of Temporary employés.-The fourth proviso to section 7, regarding the employment of temporary employés in Decisions the Census Office, seems to supersede paragraphs 1 and 2 of Rule VII of the Civil Service Rules, but it is un doubtedly governed by the preceding (third) proviso "that in no instance shall more than one person be appointed from the same family." (1909) 27 Op. Atty. Gen. 546. The word "appointed," in the third and fourth provisos, embraces both employment after examination, in conformity with the law of apportionment and appointment for temporary employment without regard to apportionment. Id. During the decennial census period clerks in the Census Office may be transferred from the permanent to the temporary force under Act July 2, 1909 (36 Stat. 1), without losing their status in the classified service of the government. (1910) 28 Op. Atty. Gen. 395. Examination of honorably discharged soldiers and sailors.-Section 1754, R. S., section 3214, post, and section 7 of the Civil Service Act Jan. 16, 1883 (22 Stat. 403), do not exempt honorably discharged soldiers and sailors from examination into the civil service, nor do they interfere with the rule of apportionment established by section 2 of the latter act and re-enacted in section 7 of the Census Service Act of 1909. (1909) 27 Op. Atty. Gen. 516. § 920. (Act Jan. 12, 1903, c. 90.) Transfer to Census Office of schedules, records and reports of former censuses; copies to be furnished to governors of States, etc., or chief officers of municipal governments. The Secretary of the Interior be, and he hereby is, authorized and directed to transfer to the Census Office all of the schedules, records, and volumes of reports of the eleven decennial enumerations from seventeen hundred and ninety to eighteen hundred and ninety, inclusive, that may be in the possession of the Department of the Interior, which transfer shall not change the allotment of such reports heretofore made to Senators and Representatives; and the Director of the Census is hereby authorized, upon the request of a governor of any State or Territory, or the chief officer of any municipal government, to furnish such governor or municipal officer with copies of so much of said files or records as may be requested, at the discretion of the Director of the Census, upon payment of the actual cost of making such copies; and the amounts so received shall be covered into the Treasury of the United States, to be placed to the credit of and in addition to the appropriation made for the taking of the census. (32 Stat. 767.) This was an act entitled "An act providing for the transfer of census records and volumes to the Census Office, and for other purposes." Previous provisions for the transfer to the Census Office of records, books, and files relating to preceding censuses necessary in conducting the work of the Census Office, were made by Act March 3, 1899, c. 419, § 29, 30 Stat. 1021. The National Bureau of Standards, previously known as the Office of Standard Weights and Measures, in the Treasury Department, was established by Act March 3, 1901, c. 872, 31 Stat. 1449, and was transferred to the Department of Commerce and Labor by the act establishing that Department, Act Feb. 14, 1903, c. 552, § 4, ante, § 857. This chapter includes the provisions of said Act March 3, 1901, c. 872, and subsequent provisions applicable to the Bureau in the Department of Commerce. § 921. (Act March 3, 1901, c. 872, § 1.) Bureau established. The Office of Standard Weights and Measures shall hereafter be known as the National Bureau of Standards. (31 Stat. 1449.) This section and the two sections next following were sections 1-3 of an act entitled "An act to establish the National Bureau of Standards," cited above. Sections 4-6, 8-10, of the act, which also contained provisions of a permanent nature, are set forth post, §§ 925-927, 929-931. Section 7 made appropriations for salaries, for erection, equipment, and site for a laboratory, and for general expenses of the Bureau, and is omitted as temporary merely. The President is authorized to appoint as a member of the Advisory Committee for Aeronautics a representative of the Bureau of Standards, by a provision in Act March 3, 1915, c. 83, post, § 9385a. § 922. (Act March 3, 1901, c. 872, § 2.) Functions of Bureau. The functions of the bureau shall consist in the custody of the standards; the comparison of the standards used in scientific investigations, engineering, manufacturing, commerce, and educational institutions with the standards adopted or recognized by the Government; the construction, when necessary, of standards, their multiples and subdivisions; the testing and calibration of standard measuring apparatus; the solution of problems which arise in connection with standards; the determination of physical constants and the properties of materials, when such data are of great importance to scientific or manufacturing interests and are not to be obtained of sufficient accuracy elsewhere. (31 Stat. 1449.) A provision of Act May 27, 1908, c. 200, § 1, 35 Stat. 354, which transferred the testing machines at the Watertown Arsenal to the Department of Commerce and Labor, was repealed by Act March 4, 1909, c. 297, § 1, 35 Stat. 905. Notes of Decisions Transfer of equipment.-Certain equipment, among which is a 10,000,000-pound testing machine, which was purchased by the Department of the Interior for investigating structural materials is the property of the United States, and under existing law cannot be transferred to the Bureau of Mines, but should be transferred to the Bureau of Standards of the Department of Commerce and Labor in order that it may be applied to the specific purpose for which it was authorized. (1911) 28 Op. Atty. Gen. 549. § 923. (Act March 3, 1901, c. 872, § 3.) Functions, for whom to be exercised; requests therefor. The bureau shall exercise its functions for the Government of the United States; for any State or municipal government within the United States; or for any scientific society, educational institution, firm, corporation, or individual within the United States engaged in manufacturing or other pursuits requiring the use of standards or standard measuring instruments. All requests for the services of the bureau shall be made in accordance with the rules and regulations herein established. (31 Stat. 1449.) Structural and other materials, purchased for the government of the District of Columbia, when necessary in the judgment of the Commissioners of the District to be tested, shall be tested by the Bureau of Standards, by a provision of Act March 4, 1913, c. 150, post, § 924. recognized by the National Bureau of Standards in requests made upon it for the services specified in that act. (1903) 24 Op. Atty. Gen. 667. Requests for services.-The Secretary of the Treasury is authorized to provide by regulation what officer or officers of "state governments” shall be § 924. (Act March 4, 1913, c. 150.) rials for government of District of Columbia. Testing structural, etc., mate Hereafter materials for fireproof buildings, other structural materials, and all materials, other than materials for paving and for fuel, purchased for and to be used by the government of the Dis |