not be available for the compensation of any persons permanently incapacitated for performing such service.1 Act of March 3, 1901 (31 Stat. L., 1009). Mar. 3, 1901, v. 31, p. 1009. 36. Reduction to lower grade. of Department 32. The clerks in the Departments shall be arranged in Classification four classes, distinguished as the first, second, third, and clear. 3, 1853, c. fourth classes. 77, s. 3, v. 10, p. 209; Mar. 3, 1855, c. 175, s. 4, v. 10, p. 669; Aug. 15, 1876, c. 287, s. 3. v. 19, p. 169. Sec. 163, R. S. 33. No clerk shall be appointed in any Department in either of the four classes above designated until he has been examined and found qualified by a board of three examiners, to consist of the chief of the Bureau or office into which such clerk is to be appointed and two other clerks to be selected by the head of the Department.* Examinations. 273. V. 10. D. 209; Mar. 3, 1855, 669. .175, s. 4, v. 10, p. Sec. 164, R. S. Clerkships open to women. 251, s. 2, v. 16, pp. July 12, 1870, c. 230, 250. Sec. 165, R. S. clerks. Sec. 3, May 28, 1896, v. 29, p. 179. 34. Women may, in the discretion of the head of any Department, be appointed to any of the clerkships therein authorized by law, upon the same requisites and conditions, and with the same compensations, as are prescribed for men. 35. Each head of a Department may, from time to time, Distribution of alter the distribution among the various bureaus and offices, of his Department, of the clerks and other employees allowed by law, except such clerks or employees as may be required by law to be exclusively engaged upon some specific work, as he may find it necessary and proper to do, but all details hereunder shall be made by written order of the head of the Department, and in no case be for a period of time exceeding one hundred and twenty days: Provided, That details so made may, on expiration, be renewed from time to time by written order of the head of the Department, in each particular case, for periods of not exceeding one hundred and twenty days. All details heretofore made are hereby revoked, but may be renewed as provided herein. Sec. 3, act of May 28, 1896 (29 Stat. L., 179). 1The acts of February 24, 1899 (30 Stat. L., 846), and April 17, 1900 (31 ibid., 134), contained the same requirement. 2 For rules regulating appointments in the several Executive Departments in the city of Washington and elsewhere, see the title The Civil Service in the chapter entitled PROVISIONS APPLICABLE TO THE SEVERAL CLASSES OF OFFICERS. See also paragraph 25 ante. Reduction to lower grade. s. 3, v. 19, p. 169. 36. Whenever, in the judgment of the head of any Aug. 15, 1876, Department the duties assigned to a clerk of one class can be as well performed by a clerk of a lower class or by a female clerk, it shall be lawful for him to diminish the number of clerks of the higher grade and increase the number of the clerks of the lower grade within the limit of the total appropriation for such clerical service. Section 3, act of August 15, 1876 (19 Stat. L., 169). discharged sol Ibid. Preference to 37. In making any reduction of force in any of the diers and sailors. Executive Departments, the head of such Department shall retain those persons who may be equally qualified who have been honorably discharged from the military or naval service of the United States,' and the widows and orphans of deceased soldiers and sailors. Ibid. SALARIES. Par. 38. Rates of pay. 39. Temporary clerks. 40. Extra compensation prohibited. Salaries of per sons employed in Par. 41. The same. 42. Contingent funds not to be used. 38. The annual salaries of clerks and employees in the the Departments. Departments, whose compensation is not otherwise pre Mar. 3, 1853, c. 97, s. 3. v. 10, pp. scribed, shall be as follows: 209, 211; Apr. 22, 1854, c. 52, s. 1, v. 10, p. 276; Aug. First. To clerks of the fourth class, eighteen hundred 18, 1856, Res. 18, dollars. V. 11. p. 145; July 23, 1866, c. 208, s. 6, v. 14, p. Second. To clerks of the third class, sixteen hundred 207: July 12, dollars. 1870, c. 251, s. 3, V. 16, pp. 230, Third. To clerks of the second class, fourteen hundred 250. Sec. 167, R. S. dollars. Fourth. To clerks of the first class, twelve hundred dollars. Fifth. To the women employed in duties of a clerical character, subordinate to those assigned to clerks of the first class, including copyists and counters, or temporarily employed to perform the duties of a clerk, nine hundred dollars. Sixth. To messengers, eight hundred and forty dollars. Seventh. To assistant messengers, seven hundred and twenty dollars. To entitle an honorably discharged soldier to retention in the civil service in preference to a civilian, he must be equally qualified, sec. 3, act of August 15, 1876 (19 Stat. L., 169), which must be determined by the head of the Department. Keim v. U. S., 33 Ct. Cls., 174. clerks. Eighth. To laborers, seven hundred and twenty dollars.' Ninth. To watchmen, seven hundred and twenty dollars.' 39. Except when a different compensation is expressly Temporary prescribed by law, any clerk temporarily employed to Apr. 22, 1854, perform the same or similar duties with those belonging to 276. clerks of either class is entitled to the same salary as is allowed to clerks of that class. c. 52, s. 1, v. 10, p. Sec. 168, R. S. sation to clerks prohibited, 40. No money shall be paid to any clerk employed in Extra compen either Department at an annual salary, as compensation for extra services, unless expressly authorized by law. Mar. 3, 1863, c. 97, 211; June 17, 1844, c. 102, s. 1, v. 5, pp. 681, 687; Feb. 28, 1867, Res. 30, s. 2, v. 14, p. 569, s. 3. v. 10, p. 209. Sec. 170, R. S. authorized law. by Aug. 26, 1842, 41. No allowance or compensation shall be made to any sation forbidden officer or clerk by reason of the discharge of duties which unless expressly belong to any other officer or clerk in the same or any other Department; and no allowance or compensation shall 12. v. 5. p. 525. be made for any extra services whatever which any officer or clerk may be required to perform, unless expressly authorized by law. Sec. 1764, R.S. Contingent funds, etc., not 42. No moneys appropriated for contingent, incidental, or miscellaneous purposes shall be expended or paid for to be used for official or clerical compensation.* LEAVES OF ABSENCE; SICK LEAVES. employment of 3, v. 16, p. 250. sence. 43. The head of any Department may grant thirty Leaves of abdays' annual leave with pay in any one year to each clerk or employee: And provided further, That where some member of the immediate family of a clerk or employee is afflicted with a contagious disease and requires the care and attendance of such employee, or where his or her presence in the Department would jeopardize the health of fellow-clerks, and in exceptional and meritorious cases, Sick leaves. 'The annual acts of appropriation since that of June 15, 1880 (21 Stat. L., 237), have contained provisions fixing the salaries of laborers and watchmen in the Executive Departments at $660 and of charwomen at $240. See section 2, act of April 17, 1900 (31 Stat. L., 133); see also Garlinger v. U. S., 30 Ct. Cls., p. 208, and Gordon v. U. S., 31 ibid., 254. *Section 4 of the act of April 17, 1900 (31 Stat. L., 134), contains the requirement that "the appropriations herein made for the officers, clerks, and persons employed in the public service shall not be available for the compensation of persons permanently incapacitated for performing such service." The act of July 1, 1898 (30 Stat. L., 597), contained the requirement that "hereafter no allowance or compensation for clerks or secretaries of officials of the United States retired from active service shall be authorized." Under the above provision it is discretionary with the heads of the several Executive Departments to grant or refuse leave of absence, and their acts can not be reviewed. Absence without leave is absence without pay; absence with leave is subject to such conditions and limitations as may be imposed. Hurlbut v. U. S., 30 Ct. Cls., 166. Sick leave. July 7, 1898, v. 30, p. 653. Sundays and holidays excluded. Feb. 24, 1899, *. 4, v. 30, p. 890. where a clerk or employee is personally ill, and where to limit the annual leave to thirty days in any one calendar year would work peculiar hardship, it may be extended, in the discretion of the head of the Department, with pay, not exceeding thirty days in any one case or in any one calendar year. This section shall not be construed to mean that so long as a clerk or employee is borne upon the rolls of the Department in excess of the time herein provided for or granted that he or she shall be entitled to pay during the period of such excessive absence, but that the pay shall stop upon the expiration of the granted leave.' of March 15, 1898 (30 Stat. L., 316). Sec. 7, act 44. Nothing contained in section seven of the act making appropriations for legislative, executive, and judicial expenses of the Government for the fiscal year eighteen hundred and ninety-nine, approved March fifteenth, eighteen hundred and ninety-eight, shall be construed to prevent the head of any Executive Department from granting thirty days' annual leave with pay in any one year to a clerk or employee, notwithstanding such clerk or employee may have had during such year not exceeding thirty days' leave with pay on account of sickness as provided in said section seven. Act of July 7, 1898 (30 Stat. L., 653). 45. The thirty days' annual leave of absence with pay in any one year to clerks and employees in the several Executive Departments authorized by existing law shall be exclusive of Sundays and legal holidays. Sec. 4, act of February 24, 1899 (30 Stat. L., 890). LEGAL HOLIDAYS. Par. 46. Enumeration, pay, etc. 47. Decoration Day. Per diem employees of the receive pay for J. R. No. 5, Jan. Par. 48. Labor Day. 46. The employees of the navy-yard, Government Government to Printing Office, Bureau of Printing and Engraving, and certain holidays. all other per diem employees of the Government on duty 6, 1885, v. 23, p. at Washington, or elsewhere in the United States, shall be allowed the following holidays, to wit: The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, and such days as may be designated by the President as days for 516. "The word "meritorious" as used above is surplusage; the word "exceptional' in the same statute raises a question of fact upon which the Attorney-General can not advise. XX Opin. Att. Gen., 716. national thanksgiving, and shall receive the same pay as on other days.' Joint Res. No. 5, January 6, 1885 (23 Stat. L., 516). ployees, allowed tion Day and J. R. No. 6, Feb. 47. All per diem employees of the Government, on duty Per diem emat Washington or elsewhere in the United States, shall be pay for Decoraallowed the day of each year which is celebrated as Fourth of July. "Memorial" or "Decoration Day" and the fourth of July 23, 1887, v. 24, p. of each year, as holiday, and shall receive the same pay as on other days. Joint Res. No. 6, February 23, 1887 (24 Stat. L., 644). 644. be a legal holi 48. The first Monday of September in each year, being Labor Day to the day celebrated and known as Labor's Holiday, is hereby day. June 28, made a legal public holiday, to all intents and purposes, in 1894, v. 28, p. 96. the same manner as Christmas, the first day of January, the twenty-second day of February, the thirtieth day of May, and the fourth day of July are now made by law public holidays.2 Act of June 28, 1894 (28 Stat. L., 96). ADMINISTRATION OF OATHS. Executive De to administer free. 49. The chief clerks of the several Executive Depart-Chief clerks of ments and of the various bureaus and offices thereof in partments, etc., Washington, District of Columbia, are hereby authorized oath of office and directed, on application and without compensation Aug. 29, 1890, v. therefor, to administer oaths of office to employees required to be taken on their appointment or promotion. Act of August 29, 1890 (26 Stat. L., 371). 26, p. 371. officer, etc., to oath of office to employees. Aug. 29, 1890, v. 50. No officer, clerk, or employee of any Executive De- No Department partment who is also a notary public or other officer au- charge fees for thorized to administer oaths shall charge or receive any fee or compensation for administering oaths of office to em- 26, p. 371. ployees of such Department required to be taken on appointment or promotion therein. Act of August 29, 1890 (26 Stat. L., 371.) administered by Apr. 10, 1869, v. 16, p. 55; Mar 51. Any officer or clerk of any of the Departments law- Oaths, when fully detailed to investigate frauds on, or attempts to officers, etc. defraud, the Government, or any irregularity or miscon- Res. No. 15, s. 2, duct of any officer or agent of the United States, and any 7, 1870, c. 23, v. 16, officer of the Army detailed to conduct an investigation, s. 3. v. 31, p. 951. and the recorder, and, if there be none, the presiding officer p. 75; Mar. 2, 1901, Sec. 183, R. S. 'In the act of January 6, 1895, which provides that "the employees of the navyyard, Government Printing Office, Bureau of Engraving and Printing, and all other per diem employees" shall be allowed pay for legal holidays, the provision “all other per diem employees" is to be restricted to employees whose employment is similarly permanent or continuous. IV Compt. Dec., 499. 2 For a requirement in respect to the exclusion of Sundays and legal holidays in the reckoning of annual leaves of absence, see section 4, act of February 24, 1899 (30 Stat. L., 890), paragraph 45, ante. |