Appointments under the Executive order of March 26, 1917—Continued.

INTERIOR DEPARTMENT.

Appointments under the Executive order of March 26, 1917—Continued. DEPARTMENT OF AGRICULTURE-Continued.

Appointments under the Executive order of March 26, 1917-Continued. OFFICE OF ALIEN PROPERTY CUSTODIAN.

SYLLABI OF DECISIONS OF THE COMPTROLLER OF

THE TREASURY.1

EMPLOYMENT UNDER LUMP-SUM APPROPRIATIONS.

[To the Secretary of War, Oct. 10, 1917.]

Section 7 of the act of October 6, 1917, applies to employment in an executive department or other Government establishment, regardless of whether such employment is for service in the field or at headquarters.

'The Military Establishment is not a part of the War Department, nor is it included in the term "other Government establishments"; hence section 7 of the act of October 6, 1917, restricting employment under lump-sum appropriations in any executive department or other Government establishment is not applicable thereto.

[To the Attorney General, Oct. 11, 1917.]

Section 7 of the act of October 6, 1917, restricting employment under lump-sum appropriations in the executive departments or other Government establishments, is not applicable to an employee transferred at a higher rate of compensation to a statutory position in another department or other Government establishment.

[To the Secretary of Labor, Oct. 12, 1917.]

The provisions of section 7 of the act of October 6, 1917, do not prohibit the transfer of an employee to a statutory position at an increased rate of compensation, nor do they forbid promotion of an employee to a statutory position at a higher salary during one year from date of transfer.

Although the restriction contained in the second clause of section 7 of the act of October 6, 1917, is not in express terms limited to employees paid from a lump-sum appropriation, it applies only to increases of compensation when payable from such an appropriation, and has no application to statutory positions.

[To the Secretary of Commerce, Oct. 17, 1917.]

In fixing the compensation of employees paid from lump-sum appropriations under original appointment, the percentage increases of compensation authorized for other positions can not be considered, for the reason that such increases relate only to the present fiscal year, and are not a part of the regular compensation of employees receiving same.

[To the Secretary of the Treasury, Oct. 25, 1917.]

The prohibition contained in the act of October 6, 1917, respecting employment in positions payable from lump-sum appropriations at an increased rate of compensation is not applicable to an employee transferred to such a position at a salary equal to his regular compensation plus the temporary percentage increase, no percentage increase attaching to the position to which the employee is transferred.

[To the Secretary of War, Oct. 27, 1917.]

The act of October 6, 1917, placing certain restrictions upon employment under lump-sum appropriations applies only to employment where the work and compensation are open to agreement and not where the position is established by law with fixed compensation.

1 Vol. 24, pt. 2, Oct., 1917.

The intent of the act of October 6, 1917, respecting employment under lump-sum appropriations is to prevent the transfer of employees from one department or establishment to another and paying them a larger compensation from a lump-sum appropriation.

Persons holding temporary appointments, or who are serving gratuitously, are not employees within the meaning of the act of October 6, 1917, and are not thereby barred from employment in permanent positions at a higher rate of compensation in another executive department or other Government establishment.

An executive department or other Government establishment is at the seat of government and not elsewhere; hence, the act of October 6, 1917, restricting employment under lump-sum appropriations is not applicable to employment in the field service of an executive department or other Government establishment.

[To the President United States Civil Service Commission, Oct. 27, 1917.] . The appointment of an employee holding a position in an executive department or other Government establishment to a position at an increased rate of compensation paid from a lump-sum appropriation in another department or establishment, as a result of a civil-service examination, is not precluded by the act of October 6, 1917, provided the position to be vacated is one to which the employee has been temporarily appointed under Rule VIII of the civil-service rules. If the position to be vacated is one to which the employee has been appointed by permanent or probational appointment through the Civil Service Commission, employment at increased compensation in another department or establishment is prohibited by this statute.

[To Herbert Hoover, United States Food Administrator, Oct. 31, 1917.]

The act of October 6, 1917, restricting the transfer and promotion of employees to positions under lump-sum appropriations, does not preclude an employee whose status was changed prior to the date of the act from having his compensation increased subsequent thereto.

[To the Governor of the Panama Canal, Nov. 15, 1917.]

The act of October 6, 1917, restricting the transfer and promotion of employees to positions under lump-sum appropriations, does apply to the Panama Canal organization, including the Washington office.

[To the Secretary of Labor, Nov. 16, 1917.]

The transfer of a clerk at $900 per annum in the Lighthouse Service, Baltimore, Md., to clerk, at $1,070 per annum, same place, under lump-sum appropriation, concerns a field service, and is not within the provisions of the act of October 6, 1917.

[To the President United States Civil Service Commission, Dec. 17, 1917.]

A person separated from the service within the six months' period of probation and whose name has been restored to the register for consideration for appointment to other positions can not be permitted to return to the service in another department or office at an increased compensation to be paid from a lump-sum appropriation.

The prohibition applies to one already in the classified service who becomes eligible through open competitive examination for certification.