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(h) Who has failed after probation to receive absolute appointment to the position for which he again applies within one year from the date of the expiration of his probationary service.

(i) Who has made a false statement in his application, or has been guilty of fraud or deceit in any manner connected with his application or examination, or has been guilty of crime or infamous or notoriously disgraceful conduct. (j) Who has been dishonorably discharged from the military or naval service of the United States.

(k) Who is in any other respect unfit for the service.

3. The applicant must be vouched for by three persons who are citizens of the United States, at least 21 years of age, and who are patrons of a post office in the county for which the examination is held. In his application he must give the names of five other such persons who are acquainted with his character and are capable of judging of his fitness for the service. He must furnish with his application a certificate from a physician showing his physical and mental condition. It is not necessary for all the vouchers or references to patronize one particular post office.

4. The examination shall be identical with the examination for clerk and carrier in first and second class post offices.

5. An eligible register will be established for each county in which rural delivery has been or may hereafter be established. The names of all competitors rated at 70 or more shall be placed on the eligible register in the order of their ratings, but the names of persons preferred under section 1754 of the Revised Statutes rated at 65 or more shall be placed above all others in like order. No preference will be given to a person because of service as a substitute. Each name is retained upon the register for a minimum period of one year from the date of its entering unless in the meantime it is removed by certification, appointment, or otherwise. Names from time to time may be added to the register in the order of their rating as other examinations are held. The period of eligibility will not be extended for a longer time without examination unless it appears that the interest of the service demands such extension.

6. Certification shall be made from a register as it appears on the date on which requisition therefor is received by the commission in accordance with the following:

For each vacancy there will be certified the name of the person standing highest on the eligible register who has his actual domicile in the territory supplied by the post office at which the vacancy exists, together with the names of the two other eligibles standing highest on the register for the entire county, who have not expressed unwillingness to accept appointment at such post office. After due opportunity to become eligible has been given to persons having their domicile in the territory of such office and such persons fail to become eligible, the three eligibles standing highest on the county register who have not expressed unwillingness to accept appointment at such post office will be certified. 7. When a vacancy occurs at a post office, the Post Office Department may, after notifying the commission that the vacancy exists, make a temporary appointment in accordance with the civil-service rules; provided, that in no case shall the services of a temporary carrier be retained for a period longer than 30 days after receipt of the commission's certificate for filling the vacancy permanently.

When it becomes necessary to make a temporary appointment for a period exceeding 30 days, the prior approval of the commission must be obtained. Such appointment will be made from a certificate of eligibles, unless the commission shall decide that there are no available eligibles. Such temporary appointment may continue for a period not to exceed three months, and under unusual circumstances may, with the prior consent of the commission, be continued for an additional period of three months.

A substitute may be assigned for temporary service instead of making temporary appointment as herein provided, except that no person shall serve as a substitute for any one carrier for more than 60 days in any one year.

8. A transfer of a rural carrier may be made after one year's satisfactory service to the positions of clerk or carrier in first and second class post offices, to the position of railway mail clerk, or to other positions in the classified service in accordance with the civil-service rules.

9. Removal or reinstatement of a rural carrier may be made in accordance with the civil-service rules.

REGULATIONS GOVERNING CERTAIN BRANCHES OF THE CLASSIFIED SERVICE OUTSIDE OF WASHINGTON.

Regulations prescribing methods of appointment and promotion have been adopted, with the concurrence of the heads of the departments concerned, for the Ordnance Department at Large, the Engineer Department at Large, the Quartermaster Corps (except the Philadelphia depot, for which there are special regulations), Panama Canal Service, Subtreasury Service, Mint and Assay Service, Navy Yard Service, Lighthouse Service, Reclamation Service, Saint Elizabeths Hospital, Indian Irrigation and Allotment Service, the Coast and Geodetic Survey (in relation to persons employed on vessels), and the Military Academy at West Point.

Regulations governing promotions have been applied to the Navy Department, Department of Agriculture, Bureau of Engraving and Printing, Government Printing Office, and to the customs districts of New York, Massachusetts, Philadelphia, Maryland, New Orleans, San Francisco, Oregon, Washington, and Chicago.

Regulations relating to the appointment and promotion of foremen, mechanics, and laborers are in force at the navy yards.

The regulations for several branches of the classified service provide a system by which applicants for noneducational positions may be registered by local boards of examiners, who rate applicants upon the elements of experience and physical condition and certify eligibles for appointment.

The promotion regulations in general provide for the relative rating of employees on the basis of their services. In the marking, the character, quality, and quantity of work, and the office habits of the employee are considered.

Federal positions in the Philippines, Porto Rico, Hawaii, and other insular possessions are filled in the same manner as positions of the same classes in other localities outside of Washington. Positions in the insular service of the Philippines are regulated by an act and rules promulgated by the Philippine Government and those in Porto Rico by an act of the Porto Rican Legislature in effect January 1, 1908. Insular positions in Hawaii are not classified.

The regulations referred to, unless mentioned below under the publications of the commission, are issued by the departments concerned.

CLASSIFICATION OF THE EXECUTIVE CIVIL SERVICE.

The classification of the civil service, based upon section 163, Revised Statutes, was adopted by each head of a department and Government establishment by direction of the President on June 9, 1896. It arranges officers and employees, other than mere laborers and persons whose appointments are confirmed by the Senate, in classes according to annual salary or compensation, as follows:

A. Less than $720.

B. $720 or more and less than $840.
C. $840 or more and less than $900.
D. $900 or more and less than $1,000.
E. $1,000 or more and less than 1,200.
1. $1,200 or more and less than $1,400.

2. $1,400 or more and less than $1,600. 3. $1,600 or more and less than $1,800. 4. $1,800 or more and less than $2.000. 5. $2.000 or more and less than $2,500. 6. $2,500 or more.

The classification further provides that no person appointed as a laborer without examination under the rules shall be assigned to work of the same grade as that performed by classified employees, and no person shall be admitted to any place not excepted from examination by the rules until he shall have passed an appropriate examination before the commission and his eligibility has been certified to the appointing officer by the commission.

The Railway Mail Service has a different classification prescribed by section 1402, Revised Statutes, as amended by an act approved August 24, 1912 (37 Stat., 555, and an act approved July 2, 1918. A different classification of the Post Office Service is prescribed by an act of March 2, 1907 (34 Stat., 1205), and amended by an act approved July 2, 1918.

87049°-18-10

PUBLICATIONS OF THE COMMISSION.

In addition to the annual reports, which may be consulted at the principal public libraries, the commission issued the following publications:

MANUAL OF EXAMINATIONS.

The semiannual manual examinations (Form 302), containing information as to the dates and places of examinations not held under the district system, and the character and scope of each, and showing the number of persons examined, passed, failed, and appointed, respectively, in certain examinations during the last preceding fiscal year has been temporarily discontinued owing to abnormal conditions caused by the war.

INFORMATION FOR APPLICANTS.

For the position of unskilled laborer in the District of Columbia (Labor Form 1); for the position of unskilled laborer outside of the District of Columbia (Labor Form 1a); in regard to examinations held on other than scheduled dates (Form 376); for examination for mechanical trades and other noneducational positions in the departmental and Indian services (Form 1250); for positions under the district system and positions in the Federal service in Alaska, Hawaii, and Porto Rico (Form 1372); for examination for entrance to the Steamboat-Inspection Service (Form 1405); for the railway mail clerk examination (Form 1407); for stenographer and typewriter examinations (Form 1424); for promotion or transfer to the position of post-office inspector (Form 1502); for examination for the position of fourth-class postmaster (Form 1759); in regard to the admission of deaf-mutes to civil-service examinations (Form 1786); relative to employment in the Philippine civil service (Form 1894); for positions in the Post Office Service in the Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Twelfth Civil-Service Districts (Form 1898); for the rural carrier examination (Form 1977); for mechanical trades and similar noneducational positions under the district system in the First, Fourth, Sixth, Ninth, and Twelfth Civil-Service Districts (Form 1989); instructions to applicants for the position of unskilled laborer (Form 2089); instructions to applicants for navy yards and naval stations (Form 2012).

MISCELLANEOUS INFORMATION.

Concerning reinstatements (Form 126); concerning transfers (Form 305); concerning removals (Form 505); concerning political assessments and partisan activity of officeholders (Form 1236); concerning veteran preference (Form 1481); regarding the classification, assignment, and appointment of laborers (Form 1725); concerning temporary appointments (Form 1729); for appointing officers with respect to unauthorized appointments (Form 1774); concerning prosecutions in connection with civil-service examinations under provisions of the Criminal Code of the United States (Form 1775); instructions to labor boards (Form 2016); information concerning rural carriet appointments (Form 2028); information concerning transfer of employees and ex-employees of the Panama Canal (Form 2124); method of conducting examinations for unskilled laborer (Form 2128); information concerning transfer for Porto Rican and Philippine Service employees (Form 2146); the civilservice act, rules, and Executive orders.

REGULATIONS.

Governing the employment of mates in the Coast and Geodetic Survey (Form 1470); governing the manner of appointment to the position of carrier in the Rural Delivery Service (Form 1494); governing promotions in the Customs Service in the district of New York (Form 1522); governing promotions and transfers in the Customs Service in districts other than that of New York (Form 1556); governing the appointment of fourth-class postmasters (Form 1752); governing appointments to the Navy Yard Service (Form 2009).

HISTORICAL REGISTER

OF THE

UNITED STATES CIVIL SERVICE COMMISSION.

COMMISSIONERS:

JOHN A. McILHENNY, Louisiana, President.
CHARLES M. GALLOWAY, South Carolina.

HERMON W. CRAVEN, Washington.

GEORGE R. WALES, Chief Examiner.
JOHN T. DOYLE, Secretary.

List of commissioners, chief examiners, and secretaries since 1883.

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1 Appointed commissioner.

2 Mr. Wales, when appointed by the President as chief examiner, had served on the force of the commission for 14 years as clerk, examiner, law clerk, chief of division, and assistant chief examiner.

Mr. Doyle was appointed stenographer to the commission Mar. 9, 1883, and promoted upon appointment by the President from that position to secretary.

OPINIONS OF THE ATTORNEY GENERAL.

VALIDITY OF APPOINTMENT UNDER SECTION 9, CIVIL-SERVICE ACT, MORE THAN TWO MEMBERS OF SAME FAMILY ILLEGAL.

To the PRESIDENT.

DEPARTMENT OF JUSTICE,

July 30, 1918.

SIR: I have the honor to reply to your request for my opinion upon a question relating to the propriety of retaining in the service of the Ordnance Department of the War Department Miss Sophie B. Goldman, who is said by the Civil Service Commission to be ineligible to appointment under the provision of section 9 of the civil-service act.

Section 9 of the civil-service act provides:

"Whenever there are already two or more 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."

From the papers forwarded by the commission, it appears that at the time Miss Goldman applied for examination she was not within the prohibition of this section. At the time, however, she was informed of its provisions. After the examination she was sent a report of rating," on the back of which was printed the following:

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(After stating the substance of section 9.) "As ineligibility may result from the appointment of some member or members of an applicant's family, prompt report of such appointment must be made to the commission. Eligibles are warned that they should not accept appointment contrary to this provision of law, and that if they are ineligible any expense incurred in reporting for duty or otherwise will be at their own risk."

Thereafter Miss Goldman became ineligible for appointment because of the appointment of her sister in the classified service. She did not obey the direction to inform the Civil Service Commission of that fact. Accordingly on December 3, 1917, she was certified to the War Department as eligible to her present position and was appointed thereto. The certification was warranted by the facts in the possession of the Civil Service Commission.

Before entering upon her duties, however, Miss Goldman was required to sign a "Declaration of appointee," and upon that declaration was required to state the facts as to entry of members of her family into the service of the Government since her examination. She stated truthfully the fact that two members of her family were in the classified service, one of whom entered it since her examination. Her ineligibility ought thereupon to have become apparent to the appointing officer who was required to sign the declaration. The form provided contains just above the line for the appointing officer's signature the following:

"If the answer to question 6 includes two or more names and is not identical in every respect with answer to similar question in the application, this form must be submitted for approval before appointment is made."

Not only did Miss Goldman's answer to section 6 disclose her ineligibility but it was, of course, not identical with her answers to that question in her application.

Upon these facts the appointment of Miss Goldman was obviously improper. Nor was she without fault, in that having been informed specifically of the law she had failed to give the commission the required notice of her changed status and as a result had received a certification to which she was not entitled.

But she was appointed and entered upon her duties. The commission upon discovering the facts requested her severance from the service. The War Department has taken the ground that the appointing officer's failure to observe the statement in the declaration of appointee, which disclosed her ineligibility, was a mere inadvertence and that under the opinion of the Attorney General

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