No distinction in salary of letter carriers ment. which they would have been automatically promoted had they remained in the Postal Service, provided they are physically and mentally qualified to perform the duties of such positions. (Sec. 9, Post Office appropriation act, approved July 2, 1918.) ** * * That hereafter there shall be no distinction. due to assign in salary made between letter carriers assigned to collection duty and letter carriers assigned to delivery duty: And provided further, That letter carriers whose salaries have been reduced as the result of any order of the Post Office Department, making the maximum salary $1,000 to be paid letter carriers assigned to collection duty, shall be restored to their former grades. (39 Stat., 417, act of July 28, 1916.) Preference in appointment of * * * That in making appointments of rural carrural carriers. riers for service on new routes, which may be created by the reorganization herein ordered, preference shall be given to carriers who were formerly employed in ruraldelivery service and who were separated therefrom on or after June thirtieth, nineteen hundred and fifteen, by reason of any previous reorganization of the service and without charges against them. (39 Stat., 423, act of July 28, 1916.) Restoration to former posi ed men. * * * That all officers and enlisted men of the Nation of enlist- tional Guard and of the Medical Reserve Corps of the Army who are Government employees and who respond to the call of the President for service shall, at the expiration of the military service to which they are called, be restored to the positions occupied by them at the time of the call. (39 Stat., 624, act of Aug. 29, 1916.) Prohibition of voluntary in emergencies. PROHIBITORY STATUTES. * Hereafter no department or officer of the service except United States shall accept voluntary service for the Government or employ personal service in excess of that Glavey v. U. authorized by law except in cases of sudden emergency 1900, 35 ct involving the loss of human life or the destruction of property. (23 Stat. L., 17, act of May 1, 1884; sec. 3679, S.. Mar. 17, Cls., 242. 66 R. S.) Any bargain whereby, in advance of his appointment to an office with a salary fixed by legislative authority, the appointee attempts to agree with the individual making the appointment that he will waive all salary or accept something less than the statutory sum, is contrary to public policy and should not be tolerated by the courts." (Miller v. U. S., 1900, C. C. S. D. N. Y.; 103 Fed., 415.) The words "voluntary service," as employed in the above-mentioned act, were not intended to cover services rendered in an official capacity under regular appointment to an office otherwise permitted by law to be nonsalaried. (Opinion Atty. Gen., 30 Op., 51.) appropriations be used to increase as specified. "SEC. 7. No part of any money contained herein or Lump-sum hereafter appropriated in lump sum shall be available for must not the payment of personal services at a rate of compensa- salaries except tion in excess of that paid for the same or similar services during the preceding fiscal year; nor shall any person employed at a specific salary be hereafter transferred and hereafter paid from a lump-sum appropriation a rate of compensation greater than such specific salary, and the heads of departments shall cause this provision to be enforced: Provided, That this section shall not apply to mechanics, artisans, their helpers and assistants, laborers, or any other employees whose duties are of similar character and required in carrying on the various manufacturing or constructing operations of the Government." (37 Stat., 626, act of Aug. 26, 1912, as amended by 37 Stat. L., 790, act of Mar. 4, 1913.) Volume XIX, Decisions of the Comptroller of the Treasury, contains numerous decisions relating to the appli cation of this statute and its prede cessor. Hereafter section seven * * * and any amendments thereto shall not apply to the payment, out of moneys appropriated or which may be hereafter appropriated in lump sum for the Department of Agriculture, for personal services of employees engaged in strictly scientific or technical work: Provided, That nothing contained herein shall be construed to authorize the transfer of any person employed at a specific salary and the payment of compensation from lump-sum appropriations at a rate greater than said specific salary. And hereafter every officer or employee of the Department of Agriculture whose rate of compensation is specified herein shall receive compensation at the rate so specified. (37 Stat. L., 854, act of Mar. 4, 1913.) No civil pen * * * The establishment of a civil pension roll or sin roll. an honorable service roll, and the exemption of any of the officers, clerks, or persons in the public service from the existing laws respecting employment in such service is hereby prohibited. * (30 Stat. L., 390, act of Feb. 24, 1899.) * * * * * No money appropriated by this or any other act shall be used for the compensation of any publicity expert unless specifically appropriated for that purpose. (38 Stat., 212, act of Oct. 22, 1913.) No employment permitted except upon SEC. 4. That no civil officer, clerk, draftsman, copyist, specific appro- messenger, assistant messenger, mechanic, watchman, lapriation. borer, or other employee shall 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, draftsman, 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. * * * violation of sec. 4. And after the first day of October next section 172 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, draftsmen, 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 moneys accruing from lapsed salaries, or from unused appropriations for salaries, shall be covered into the Treasury (22 Stat. L., 255, act ofAug. 5, 1882.) Penalty for SEC. 5. That any person violating section four of the legislative, 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. L., 414, act of Aug. 23, 1912.) Holding of two offices. SEC. 6. 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. (39 Stat., 120, act of May 10, 1916.) 66 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 or enlisted men of the Army, Navy, Marine Corps, or Coast Guard; or to officers and enlisted men of the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia: Provided, That no such retired officer, officer, or enlisted man shall be denied or deprived of any of his pay, salary, or compensation as such, or of any other salary or compensation for services heretofore rendered, by reason of any decision or construction of said section 6." (39 Stat., 582, act of Aug. 29, 1916.) to No compen sation for ex Stansbury v. U. 8 Wall, 33. SEC. 1764. No allowance or compensation shall be made any officer or clerk by reason of the discharge of duties tra services. which belong to any other officer or clerk in the same or S., Dec., 1868, 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. (R. S., act of Aug. 26, 1842.) SEC. 1765. No officer in any branch of the public serv- No additional ice, or any other person whose salary, pay, or emoluments thorized by law. 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. Taking these sections (1763,1 1764, 1765, R. S.), the purpose of this legis pay unless au lation was to prevent a person holding an office or appointment for which the 1 Sec. 1763 was superseded by sec. 6, act of May 10, 1916 (39 Stat., 120), appearing on See also act of Aug. 29, 1916 (39 Stat., 582), immediately preceding sec. 1764. p. 24. law provides a definite compensation by way of salary or otherwise, which is intended to cover all the services which, as such officer, he may be called upon to render, from receiving extra compensation, additional allowances, or pay for other services which may be required of him, either by act of Congress or by order of the head of his department, or in any other mode, added to or connected with the regular duties of the place which he holds; but that they have no application to the case of two distinct offices, places, or employments, each of which has its own duties and its own compensation, which offices may both be held by one person at the same time. (U. S. v. Saunders, 1887, 120 U. S., 129; Crosthwaite v. U. S., 1895, 30 Ct. Cls., 300.) Otherwise when offices are incompatible. (Radeau v. U. S., 1889, 130 U. S., 439; Winchell v. U. S., 1892, 28 Ct. Cls., 25, 30.) When a statute increases the duties of an officer by the addition of other salary except county, or mu duties germane to the office, he must perform them without extra compensation, but if he is employed to render services in an independent employment, not incidental to his official duties, he may recover for such services. (U. S. v. King, 147 U. S., 676. See also Evans v. U. S., 44 Ct. Cls., 549; affirmed, 45 Ct. Cls., 169.) It is impossible to misunderstand this language for the purpose and intent of the enactment. It cuts up by the roots these claims by public officers for extra compensation on the. ground of extra services. There is no discretion left in any officer or tribunal to make the allowance unless it is authorized by some law of Congress. The prohibition is general and applies to all public officers or quasipublic officers who have a fixed compensation. (Hoyt v. U. S., 10 How., 109. See also Pack v. U. S., 41 Ct. Cls., 423; Woodwell v. U. S., 214 U. S., 82.) SEC. 12. That it shall not be lawful hereafter to pay to any person, employed in the service of the United States under any general or lump-sum appropriation, any sum additional to the regular compensation received for or attached to any employment held prior to an appointment or designation as acting for or instead of an occupant of any other office or employment. This provision shall not be construed as prohibiting regular and permanent appointments by promotion from lower to higher grades of employments. (38 Stat., 680, act of Aug. 1, 1914.) No additional Provided, That on and after July first, nineteen hunfrom State,dred and nineteen, no Government official or employee nicipality. shall receive any salary in connection with his services as such an official or employee from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality, and no person, association, or corporation shall make any contribution to, or in any way supplement the salary of, any Government official or employee for the services performed by him for the Government of the United States. Any person violating any of the terms of this proviso shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished. by a fine of not less than $1,000 or imprisonment for not less than six months, or by both such fine and imprison |