statement setting forth specifically the kind of labor performed in detail sufficient to enable the commission to determine the status of each position as classified or unclassified; and a similar statement of duties performed by any employee or pertaining to any position in the executive civil service shall be furnished to the commission on request. All essential changes of duties pertain-Changes ing to persons appointed as mere laborers or workmen without examination under the civil service rules shall be at once reported to the commission. See notes under Rule II, section 5. RULE XIV. TESTIMONY. It shall be the duty of every officer and employee in the executive civil service, and of every applicant or eligible for a position therein, to give to the commission, or its authorized representatives, all proper and competent information and testimony in regard to matters. inquired of arising under the civil service act and rules, and to subscribe such testimony and make oath or affirmation to the same before some officer authorized by law to administer oaths. It is within the power of the President so to modify the civil-service rules as to impose upon all officers and employees in the public service the duty of giving to the commission or its authorized representatives all proper and competent information in regard to all matters inquired of, and to subscribe to and make oath to such testimony before some officer authorized by law to administer oaths. The imposition of such a duty upon every officer and employee in the public service is neither unreasonable nor unsuitable. It is clearly within the exercise of the executive power, and its legality can not be doubted. (Opinion Atty. Gen., Dec. 2, 1901, 23 Op., 595.) A per diem employee of the Frankford Arsenal, Philadelphia, Pa., absent from duty three and one-fourth hours under a duties. of Duty of officers regard to. and employees in Act, sec. 2, cl. 4. summons, in giving testimony concerning alleged violations of the civil-service regulations, was denied payment for the time he was away from his regular work, because the duty performed in giving testimony was considered by the Ordnance Department as having no relation to his service as an employee therein. The Comptroller of the Treasury held, however, that he "should be treated as in a duty status and as in the performance of duty under his employment in going, returning, and attending on the commission, and should be paid the pay due him for such time from the appropriation for the Ordnance Service governing his employment." (Decision of Comptroller, Aug. 17, 1911. See also 17 Comp. Dec., 584; 5 Comp. Dec., 797; 9 Comp. Dec., 276.) RULE XV.—WITHHOLDING SALARY. conditional upon ment. legal appointAct, sec. 7. If the commission shall find that any person is holding Compensation a position in violation of the civil-service act or of the rules promulgated in accordance therewith, it shall, after notice to the person affected and an opportunity for explanation, certify the facts to the proper appointing officer. If such person be not dismissed within 10 days thereafter, it shall certify the facts to the proper disbursing and auditing officers, and such officers shall not pay or audit the salary or wages of such person thereafter accruing: Provided, That if a question of law respecting the power to appoint or employ is raised in any such case, the President or the head of a department may obtain the opinion of the Attorney General thereon. See note to Rule II, section 5. A person employed by a marshal as his office deputy, without having been certified by the commission as eligible to employment, although employed in violation of executive orders, is not employed in violation of law, and is entitled to the expenses incurred by him in serving a warrant of arrest. (Decision, Compt. Treas., Apr. 1, 1899, 5 Dec., 649.) regulations In the absence of evidence to the con trary, the accounting officers will, in the settlement of salary accounts, assume that the civil service law and rules have been complied with by the officer having the power of appointment. (Decision, Compt. Treas., July 25, 1896, 3 Dec., 52.) RULE XVI.-REGULATIONS. Power to make 1. The commission shall have authority to make regulations for the execution of these rules. Navy-yard regulations. 2. No modification of the existing regulations in the Navy Department governing the employment of labor at navy yards shall be made without the approval of the commission. Persons employed at navy yards as skilled laborers or mechanics are not within the provisions of section 7 of the civil-service act which declares that "no person merely employed as a laborer or workman" shall be required to be classified thereunder. Such mechanics have not been classified within the meaning of the act, but their classification may be ordered by the President by revoking or modifying the navy-yard regulations. (Opinion Atty. Gen., July 6, 1909, 27 Op., 446.) SCHEDULE A. CLASSIFIED POSITIONS EXCEPTED FROM EXAMINATION UNDER RULE II, CLAUSE 3. [The classified service does not include positions under the government of the District of Columbia, the Library of Congress, the legislative and judicial branches, the Consular and Diplomatic Services, or the Pan American Union.] No office or position is excepted unless it is specifically named herein. Not more than one position shall be treated as excepted under the title of any such position unless a different number be indicated. I. THE ENTIRE CLASSIFIED SERVICE. 1. Two private secretaries or confidential clerks to the head of each of the executive departments and one to each assistant head. 2. One private secretary or confidential clerk to each of the heads of bureaus, appointed by the President and confirmed by the Senate, in the executive departments, if authorized by law. 3. All persons appointed by the President without confirmation by the Senate. 4. Attorneys, assistant attorneys, and special assistant attorneys. 5. Chinese and Japanese interpreters. 6. Any person receiving for his personal salary compensation aggregating not more than $300 per annum whose duties require only a portion of his time, or whose services are needed for very brief periods at intervals, provided that employment under this provision shall not be for job work such as contemplated in section 4 of Rule VIII. The name of the employee, designation, duties, rate of pay, and place of employment shall be shown in the periodical reports of changes; and, in addition, when payment is not at a per annum rate, the total service rendered and the distribution of such service during the year shall be shown in the report of changes at the end of each year or when the employee is separated from the service.1 7. Any person employed in a foreign country under the State Department, or temporarily employed in a confidential capacity in a foreign country under any department or office; but this exception shall not apply to any person employed in a foreign country contiguous to the United States in the service of the Bureau of Immigration, Department of Commerce and Labor. 8. Any position the duties of which are of a quasi military or quasi naval character, and for the performance of which duties a person is enlisted for a term of years; also positions in the Revenue-Cutter Service where the persons enlist for the season of navigation only. 9. All positions in Alaska which can not be filled from appropriate existing registers, except those in the Customs Service. 10. A person serving under temporary appointment continuously since May 29, 1899, may be permanently appointed, in the discretion of the appointing officer. 11. A person holding an excepted position which he entered prior to November 2, 1894, and in which he has since served continuously may, subject to the other conditions and provisions of these rules, be transferred to a competitive position. 2 12. Mechanics and skilled tradesmen or laborers, employed upon construction or repair work in the field services, under such restrictive conditions that, in the opinion of the commission, they can not, as a class, be appointed from registers of eligibles. 13. Cooks, when in the opinion of the commission it is not expedient to make appointment upon competitive examination. 14. One driver of carriage, each, for the personal use of the President, the head of any executive department, the Secretary to the President, and such other drivers 1 As amended Oct. 14, 1911. 2 Skilled laborers. Unskilled laborers are not within the scope of the act and rules. This exception applies to chauffeurs as well as to drivers of carriages. (Minute of commission, Jan. 30, 1908.) of carriages as may from time to time be authorized by competent authority, may be appointed without reference to the civil-service rules or the labor regulations. Assistant solicitors.2 II. STATE DEPARTMENT.1 III. TREASURY DEPARTMENT.1 1. One confidential clerk, if authorized by the Secretary of the Treasury, to each of the following officers: The collector of each customs district where the receipts for the last preceding fiscal year amounted to as much as $500,000. The appraisers at the ports of Boston, New York, and Philadelphia. One private secretary in the office of the naval officer of customs at the port of New York. 2. One counsel before the Board of United States General Appraisers. 3. In the New York customs district: Stitch counters.3 4. Storekeepers and gaugers whose compensation does not exceed $3 per day when actually employed and whose aggregate compensation shall not exceed $500 per annum. This exception from the requirement of examination shall not apply to the fifth internal revenue district of North Carolina. 5. One private secretary or confidential clerk to the superintendent, and one cashier in each mint, and one cashier in the assay office at New York. 6. Any local physician employed for temporary duty as acting assistant surgeon in the Public Health and Marine-Hospital Service at stations or localities where, in the opinion of the commission, the establishment of registers is impracticable. 7. Any persons employed in the Public Health and Marine-Hospital Service as quarantine attendants at stations at which, in the opinion of the commission, the establishment of registers is impracticable, and any person employed as quarantine attendant or acting assistant surgeon or sanitary inspector on quarantine vessels or in camps or stations established for quarantine purposes during epidemics of contagious diseases for temporary duty in the United States or elsewhere in preventing the introduction or spread of contagious or infectious diseases.5 8. In the Alaska Customs Service all persons appointed or employed for the season of navigation only. 9. One examiner of tobacco and one examiner of tea in the Customs Service at the port of Chicago. 10. Mounted inspectors in the Customs Service on the Mexican border. 11. Civilian instructors in the United States Revenue-Cutter Service. 12. National-bank examiners and receivers under the office of the Comptroller of the Currency. 13. All persons actually employed in the Public Health and Marine-Hospital Service at the leprosy investigation station, Molokai, Hawaii. 14. Informers and posse men in the Internal-Revenue Service. 15. Laborers at $480 per annum in the Customs Service, district of Hawaii, who are to perform the duties of opener and packer. IV. WAR DEPARTMENT.1 1. All cable engineers and cable electricians." 2. All telegraph operators, telegraph linemen, and cable seamen, receiving a monthly compensation of $60 or less, serving on military telegraph systems or at military stations, and who perform their duties in connection with their private business or with other employment, such duties requiring only a portion of their time. Appointment to such positions shall be subject to noncompetitive examination as to practical skill in the work required therein by a signal officer or acting signal 1 See excepted positions in this department under heading "The Entire Classified Service." 2 As amended by the commission Feb. 9, 1911, under Executive order Oct. 9, 1908. 8 As amended June 12, 1911. 4 Internal-Revenue Service. 5 Subject to this exception at present are the following quarantine stations: Cape Charles, Columbia River, Fort Stanton, Gulf, Key West, Mobile, Mullet Key, Reedy Island, San Francisco, and South Atlantic. 6 Army paymaster's clerks were given a military status by the Army appropriation act for the year ending June 30, 1912. The commission accordingly directed that the clause excepting them from examination as classified civil employees be stricken from Schedule A and the following clauses renumbered accordingly, This action was approved by the President Oct. 23, 1911. (Minute of commission, Oct. 27, 1911.) officer, whose certificate as to the professional fitness of the appointee shall be forwarded to the Secretary of War, and a duplicate thereof to the Civil Service Commission. 3. United States Army Transport Service: Longshoremen employed by the department at ports in the United States; trade and noneducational employees in the Philippine Islands, and all employees on transport ships other than clerks. 4. All commissioners and statutory places of secretary for the national military parks, and one assistant secretary to the Chickamauga and Chattanooga National Military Park Commission.1 5. Consulting architect, for work of reconstructing the United States Military Academy at West Point, N. Y. 6. All navigating positions on the torpedo and mine planters of the Quartermaster's Department at Large. 7. One law officer in the Bureau of Insular Affairs. 8. One superintendent, one chief chemist and assistant superintendent, and one first assistant chemist, for service in connection with the operation of the Washington filtration plant, under the Engineer Department. 9. Caretakers of abandoned military reservations or of abandoned or unoccupied military posts when the positions are filled by retired noncommissioned officers or enlisted men. 10. Civilian professors, instructors, and teachers in the United States Military Academy at West Point. 11. Superintendent of construction, Quartermaster's Department at Large, Corregidor, Philippine Islands. 12. Contract surgeons. 13. Clerk, qualified as translator of the English, Spanish, and Tagalog languages in the Bureau of Insular Affairs. V. NAVY DEPARTMENT.2 1. Paymaster's clerks acting as principal clerks to general storekeepers at navy yards and naval stations.2 2. Civilian professors, instructors, and teachers in the United States Naval Academy at Annapolis.2 3. All positions in the Island of Guam and in the Island of Samoa.3 4. One clerk actually on duty with each assistant paymaster of the United States Marine Corps.* VI. DEPARTMENT OF JUSTICE.2 1. Wardens, chaplains, and physicians in the United States penitentiaries or prisons. 2. One clerk to each United States district attorney. 3. Examiners. 4. Any person employed as field deputy in the office of a United States marshal or whose chief duties are to serve process. 5. All positions and employments deemed by the Attorney General to be legal or confidential in their character, and which relate to temporary service or which grow out of appropriation acts committing to the Attorney General the execution of some purpose of the law and the expenditure of the funds therefor, but not creating specific positions. VII. POST OFFICE DEPARTMENT.2 1. The Assistant Attorney General for the Post Office Department. 2. One private secretary or confidential clerk to the Assistant Attorney General and one to the purchasing agent of the Post Office Department. 3. One private secretary or confidential clerk to the postmaster, if authorized by the Postmaster General, at each post office where the receipts of the last preceding fiscal year amounted to as much as $350,000. 1 Superintendents of national cemeteries are appointed by the Secretary of War, under sections 4873 and 4874, Revised Statutes, from soldiers discharged for disability incurred in the line of duty. 2 See excepted positions in this department under heading "The Entire Classified Service 3 As amended Feb. 21, 1911. 4 Amendment of Apr. 3, 1911 |