gard of the rule of apportionment in making an appointment should annul that appointment. * * * The statute is directory only in the above particular." (Opinion Atty. Gen., Dec. 10, 1891, 20 Op., 274.) An eligible who has been allowed preference under section 1754, Revised Statutes, will be certified without regard to the apportionment, the Attorney General having held, May 12, 1910 (28 Op., 298), that preference under section 1754, Revised Statutes, is not subject to the law of apportionment. Under the exception of "local offices in the District of Columbia," the commission has placed employees of the National Zoological Park (minute of Oct. 7, 1903) and positions in the Office of Instruction of Young Officers in Marine Engineering whose salaries are paid from an appropriation separate from that for the Navy Department proper. (Minute of July 16, 1906.) The residence and domicile restrictions contained in the first proviso of section 7 of the census act approved July 2, 1909, apply only to the examinations for the apportioned service of the Government at Washington. (Opinions, Atty. Gen., Aug. 18 and Nov. 15, 1909, 27 Op., 546, 28 Op., 78.) The Attorney General held, June 17, 1910 (28 Op., 348), that a person serving in an apportioned position is not subject to the residence and domicile restrictions of the act of July 2, 1909 (36 Stat., 1). "Hereafter all persons entering apportioned positions, whether through examination, by Executive order, legislative enactment, or otherwise, except those entering such positions under the temporary appointment rule, will be called upon to furnish proof of residence, and thereupon shall be charged to the apportionment; and all persons already in the apportioned service but not charged to the apportionment whose status is changed from one position to another in such service upon the certificate of the commission shall before such change of status is authorized be required to furnish proof of residence and shall likewise be charged to the apportionment; and all persons already in the apportioned service but not charged to the apportionment who file with the commission applications for promotion or other change of status in such service shall be required in connection with such applications to furnish proof of residence, and when such proof is so filed in the case of any person he shall be charged to the apportionment. The * proof of residence shall consist of the usual personal affidavit * * and the county officer's certificate under the act of July 11, 1890." (Minute of commission, Apr. 1, 1910, as amended by minute of Apr. 15, 1916.) For act of July 11, 1890, see p. 19. Draftsmen in the Ordnance Department paid from appropriations for field service but performing their duties in the Ordnance Department at Washington are within the apportioned service. (Minute of commission, Apr. 28, 1910.) See also Rule IX and Rule X, sec. 8, cl. c and notes, for provisions relative to apportionment in reinstatements and transfers. Certifications for filling vacancies of subinspector and architectural draftsman, Bureau of Yards and Docks, Navy Department, and mechanical draftsman, Office of the Chief of Ordnance, War Department, will be made without regard to the apportionment. (Minute of commission, Mar. 23, 1917.) The requirement of apportionment is waived for certification for filling the position of assistant physiologist in crop utilization, Department of Agriculture, the appointee to be specially qualified in factory control in the canning of vegetables. (Minute of commission, July 3, 1917.) On account of the unusual demands of the service and the necessity of filling vacancies without delay, owing to war conditions, the requirement of apportionment is waived for the War and Navy Departments, the United States Food Administration, and the Exports Administrative Board. (Minutes of commission, Apr. 6, 1917, Sept. 22, 1917, and Sept. 24, 1917, respectively.) The requirement of apportionment is waived for the Treasury Department, conditioned upon the department stating the need for waiver in each case. (Minute of commission, Sept. 6, 1917.) For the period of the war, positions of elevator conductor may be filled by the appointment of women, and when so filled need not be apportioned among the States and Territories and the District of Columbia on the basis of population, as is provided in the case of certain minor positions mentioned in Rule VII, section 2, of the Civil Service Rules. Persons so appointed shall not be eligible for transfer or promotion to apportioned positions nor for assignment to other wor'- (Executive order, May 31, 1918.) by districts. Certification 3. The commission may arrange the territory of the United States into appropriate districts for the purpose of certification to positions in parts of the service not subject to the apportionment, and certification to any such position may be confined to residents of the district in which such position is located. Appointment pending regu vacancy. RULE VIII—TEMPORARY APPOINTMENT. 1. Temporary appoinment without examination and lar filling of certification by the commission shall not be made to a competitive position in any case except when the public interest so requires, and then only upon the prior authorization of the commission; and any appointment so authorized shall continue only for such period as may be necessary to make appointment through certification of eligibles, and in no case without prior approval of the commission shall extend beyond 30 days from receipt by the appointing officer of the commission's certificate; and when a vacancy is to be filled by promotion or transfer for which the commission's certificate is not required and a temporary appointment is authorized by the commission under the provisions of this section pending the promotion or transfer, such temporary appointment shall in no case continue beyond the period of 30 days without prior approval of the commission. When a temporary appointment is proposed under this section a statement of the action taken toward making a permanent appointment to the position must be given. (See sec. 5 of this rule.) In positions in the departments in Washington, appointments under section 1 can only be made with the prior consent of the commission and from the commission's eligible fists when there are eligibles available for temporary service, and in case there are no eligibles the commission may require the person proposed for temporary appointment to pass an appropriate examination prior to the authorization of his appointment. The passing of such examination shall not, however, give such person a status in the classified service, but shall be regarded simply as a test of fitness for the position to be temporarily filled. Such examination shall be made special, with a view to an immediate determination of eligibility. (Minute of commission, Feb. 7, 1908.) "In positions outside of Washington which are not under the district sys tem and which are not provided for by special regulations, general authority to constitute the prior authorization of the commission is given for making appointments under the terms of section 1 for periods not to exceed thirty days, and in the Forest Service (Min. 2, Apr. 2, 1908) and Indian Service (Min. 2, July 20, 1903) for an extension for a similar period of thirty days. The prior authority of the commission is required for any extensions beyond those here enumerated. All such appointments and extensions must be reported by letter when made. Services for which special regulations have been adopted are governed by these regulations." (Commission's circular No. 1729, June, 1909.) General authority is granted for temporary appointment under this section for not to exceed sixty days in the position of laborer (apprentice fish culturist), field service of the Bureau of Fisheries. (Minute of commission, May 12, 1916.) When a position is permanent in nature and the work will continue indefinitely, there is no authority for mak ing a temporary job appointment, and steps shall be taken immediately for filling the position permanently. Pending the filling of such position through certification, reinstatement, transfer, or promotion, a temporary appointment may be made, with the approval of the local board, under the authority of section 1 of civil-service Rule VIII, but such appointment shall continue only for such period as is necessary to fill the vacancy permanently by one of the methods indicated. No temporary appointments shall be made under the authority of section 1 (or 2) of the rule until some action has been initiated for filling the vacancy permanently. Persons who are serving under temporary appointment and who desire to qualify for permanent appointment should enter the next appropriate ex amination that may be announced on the Isthmus of Panama. (Regulations for Panama Canal Service.) The provision of section 9 of the civil-service act is not applicable to temporary appointment. (See note under sec. 9, p. 10.) The Comptroller of the Treasury answered in the negative the following question: "Can a temporary appointment be made to a position specifically appropriated for by Congress during the absence of the regular incumbent on leave without pay?" He held that no other person could be appointed to the position which such regular employee holds whether appointed temporarily or not. (15 Comp. Dec., 855; decision of June 21, 1909.) In this connection see note under Rule VII, section 1 (a). Appointment are no eligibles. 2. When there are no eligibles upon a register for any pending regis grade in which a vacancy exists and the public interest ter when there requires that it be filled before eligibles can be provided by the commission, then the commission may authorize temporary appointment without examination. Such appointment shall continue only for such period as may be necessary to make appointment through certification and in no case without prior approval of the commission shall extend beyond thirty days from the receipt by the appointing officer of the commission's certification of eligibles. 66 Temporary appointments pending the establishment of a register when there are no eligibles available for certification for filling a vacancy outside of Washington, D. C., in services not under the district system and not covered by special regulations, may be approved in each case on condition that the person so appointed enter the examination when announced and that each such appointment be promptly reported to the commission as made." (Minute of commission, Feb. 19, 1908.) "When the position is in Washington, the prior consent of the commission must be obtained and the person temporarily appointed must enter the examination." (Commission's circular No. 1729, June, 1909.) from registers eligibles, pend cation. 3. When there is at least one eligible and not more Appointment than two eligibles on a register for any grade in which a of one or two vacancy exists, the commission shall, upon requisition ing full certiflfrom the proper appointing officer, certify the name of the one eligible or the names of the two eligibles, which shall be considered by the appointing officer with a view to probational appointment; and if the appointing officer shall elect not to make probational appointment from such certificate of less than three names, then if temporary appointment is required it shall be made from such certificate unless reasons satisfactory to the commission are given why such appointment should not be Job employment. Temporary appointment eligibility for pointment. under which jointment may manent. made. Such temporary appointment may continue until three eligibles are provided. If selection is not made from the certificate for either probational or temporary appointment under the provisions of this section, then temporary appointment, if required, may be made under the provisions of section 2 of this rule. 4. When there is work of a temporary character, at the completion of which the services of an additional employee will not be required, a temporary appointment may be made with the prior consent of the commission for a period not to exceed three months, and may with like consent of the commission be extended for a further period of three months. Such temporary appointment shall be made through certification from the commission's eligible registers unless the commission shall decide in any case that there are no available eligibles. Such temporary appointment shall not extend beyond six months unless there are no eligibles available for the additional period or under unusual circumstances which seem to the commission to justify an extension beyond six months; and in no case shall such temporary appointment extend beyond six months for any purpose other than to complete the job of work for which the person was originally employed. The commission may restrict certification for temporary appointment to such eligibles as by reason of residence or other conditions are immediately available. 5. The acceptance of an eligible of a temporary apdoes not affect pointment shall not affect his standing on any register permanent ap for permanent employment, and experience gained as a temporary appointee shall in no way vary the order of Conditions certification for permanent appointment. A temporary temporary ap appointment may be made permanent when the tempobe made per rary appointee is within reach for permanent appointment at the time of his temporary appointment or in case he is so within reach during his temporary service. In such case the probational appointment may date from the time when he became within reach for probational appointment. A person who has been temporarily employed under the provisions of one section of this rule shall not for that reason be ineligible for employment under any other section. Any appointment under sections 1, 2, or 3 of this rule shall be promptly reported by letter to the commission, as made, with a statement of may inspect the action taken for making permanent appointment. The commission is authorized to inspect the records of Commission any department or office to aid it in observing and en- records of deforcing the operation of the provisions of this rule and reporting thereon to the President. "For every appointment made under this paragraph of the rule, prior authority of the commission must be obtained except in those cases where general authority is granted by the regulations. In positions in the departments at Washington the commission will certify eligibles for a temporary appointment whenever they are available." (Commission's Circular No. 1729, June, 1909.) In all outside services or offices for positions for which registers are not maintained by local boards, but for which certification is issued directly from the commission, where a special work or job will be completed in 30 days or less, general authority to constitute the prior consent of the commission is given for temporary appointment, but such appointments must be reported by letter to the commission when made. (Minute of commission, Mar. 25, 1905.) "General authority is given for the extension beyond three months for an additional period not to exceed three months of all original appointments made through certification from the commission's register or authorized by the commission for three months in the absence of eligibles, for service outside of Washington, D. C.; but all such extensions beyond three months shall be reported to the commission by letter when made, and in no case shall any appointment extend beyond a period of six months unless prior consent of the commission is secured. Three months' appointments made under section 4 of Rule VIII in Washington, D. C., may be extended for an additional period of three months only by the consent of the commission previously given in each case." (Minute of commission, Feb. 9, 1910.) When making requisitions for certification under section 4 of Rule VIII, partment. the departments should state the actual or probable duration of the employment, and certify that the work for which the person is to be employed is temporary in nature, and that at the completion of this work the services of an employee in the position will be no longer required. (Minute of commission, Feb. 8, 1909.) The name of an eligible who has been employed under section 4 of Rule VIII for a period of approximately six months during the twelve months immediately preceding, which comes within reach for certification under the same section of the rule for employment in the same department, independent office or branch of the field service, will not be certified, unless there are no other eligibles available, without the specific direction of the commission. (Minute of commission, May 26, 1911.) The local board of examiners on the Isthmus of Panama has authority to approve temporary appointments for job work, when the work is temporary in character and there will be no need for the services of a person in a position after the completion of the particular piece of work for which the appointment is made. Such appointments can be authorized only for a period of three months, but may be extended for a similar period, but no longer. (Regulations for Panama Canal Service.) Temporary appointments to positions under the district system are governed by the provisions of this rule and the regulations adopted thereunder, which regulations are printed in Form 131, "Information for Boards of Examiners and Nominating Officers." Temporary appointments in services for which special regulations have been adopted are governed by the regulations in conjunction with this rule. RULE IX.- -REINSTATEMENT. place of. 1. A person separated without delinquency or misconduct from a competitive position, or from a posi- Manner and tion which he entered by transfer or promotion from a competitive position, may be reinstated in the department or office in which he formerly served, upon certifi |