FRANKLIN D ROOSEVELT THE WHITE HOUSE, Oct. 31 1939 to perform the duties of the Under Sec- | accord to such promoted employees a retary of the Interior, or the First Assist- classified status nor render them eligible ant Secretary of the Interior, or the As- for transfer to classified positions in sistant Secretary of the Interior, during other branches of the Federal service. the absence or sickness from November 1 to November 30, 1939, inclusive, of the Under Secretary of the Interior, or the First Assistant Secretary of the Interior, or the Assistant Secretary of the Interior, and during the absence or sickness from November 1 to November 30, inclusive, of the Secretary of the Interior, the Under Secretary of the Interior, the First Assistant Secretary of the Interior, and the Assistant Secretary of the Interior, to perform the duties of the Secretary of the Interior. FRANKLIN D ROOSEVELT THE WHITE HOUSE, October 28, 1939. EXECUTIVE ORDER 8280 AMENDMENT OF PARAGRAPH 4, SUBDIVISION By virtue of and pursuant to the authority vested in me by paragraph Eighth, subdivision SECOND, section 2 of the Civil Service Act (22 Stat. 403, 404), it is ordered that paragraph 4, Subdivision IV, Schedule B of the Civil Service Rules be, and it is hereby, amended to read as follows: "4. Classified positions in the field service of the War Department when filled by the promotion of unclassified laborers appointed under the Labor Regulations, subject to the approval of the Commission.” EXECUTIVE ORDER 8281 AMENDMENT OF EXECUTIVE ORDER No. 8176 OF JUNE 21, 1939, PRESCRIBING REGULATIONS GOVERNING THE GRADES AND RATINGS OF ENLISTED MEN OF THE REGULAR ARMY FOR THE FISCAL YEAR 1940 By virtue of and pursuant to the authority vested in me by the act of June 20, 1936, 49 Stat. 1554, sections 1 and 2 of Executive Order No. 8176 of June 21, 1939,1 are hereby amended to read as follows: "1. The several grades and the maximum number of enlisted men therein shall be as follows: This Order is recommended by the shall be as follows: Civil Service Commission in view of the agreement by the War Department that hereafter unclassified laborer positions in the field service of the War Department at places where Labor Regulations are in effect will be filled through appointment from appropriate classified registers as provided in section 3 of Civil Service Rule II. The procedure will permit unskilled laborers having a status under the Labor Regulations to advance upon noncompetitive examination to classified positions, but will not 1st Class.. 2nd Class. 5th Class. Number 1,487 3,013 4, 607 10, 557 12, 743 31, 287" This order shall become effective on November 8, 1939. FRANKLIN D ROOSEVELT THE WHITE HOUSE, November 1, 1939. 14 F.R. 2467; 3 CFR, 1939 Supp., page 162. EXECUTIVE ORDER 8283 stated requirements of this section shall be separated from the service within AMENDMENT OF SECTION 6 OF CIVIL SERVICE thirty days (exclusive of leave to which RULE II he is entitled) after the Commission reports that he is ineligible to acquire a head of the department or agency conclassified (competitive) status unless the cerned certifies to the Commission that such person has rendered satisfactory service and that he should be retained although without acquiring such status." The provisions of this order shall also apply to the incumbents of positions heretofore or hereafter covered into the clas of Executive Order No. 7916 of June 24, 1938, and section 3 of that order is modified accordingly. This order is recommended by the Civil Service Commission. FRANKLIN D ROOSEVELT THE WHITE HOUSE, November 9, 1939. EXECUTIVE ORDER 8284 PRESCRIBING THE DUTIES OF THE LIBRARIAN By virtue of and pursuant to the authority vested in me by the Civil Service Act (22 Stat. 403, 404), it is ordered that section 6 of Civil Service Rule II1 be, and it is hereby, amended to read as follows: "6. Excepted employees-when classified.-Except as provided in section 7 of this rule, a person holding a position when it is placed in the classified (competitive) service or otherwise is made sub-sified (competitive) service by section 1 ject to competitive examination shall, upon recommendation to the Commission by the head of the department or agency in which he is employed, have all the rights which he would acquire if appointed thereto upon competitive examination: Provided, (a) that he was appointed to such position, or to a position being placed in the classified (competitive) service under the same authority of law or Executive order, at least six months prior to the effective date of the change in the status of the position; (b) that he has performed satisfactory active service in either or both of such positions for an aggregate of at least three months of the six months immediately preceding the change in the status of the position; (c) that he shall pass such appropriate non-competitive tests of fitness as the Commission may prescribe; and (d) that he is not disqualified by any provision of section 3 of Civil Service Rule V or of any other Civil Service Rule, or by any provision of the Civil Service Act or any other statute, or Executive order; and Provided further, that in conferring a classified (competitive) status upon any employee under this, or any other, rule, or any statute or Executive order, the Commission (a) may in its discretion exempt from the physical requirements established for any position any employee who has rendered long and faithful service in a civil capacity for the Government, and (b) may consider a person whose name is carried on the compensation rolls of the Employees' Compensation Commission as having rendered satisfactory active service in the position in which he last served for the period during which his name is carried on such rolls. Any such person who fails to meet the above 13 F.R. 1520; 3 CFR, 1938 Supp., page 53. By virtue of and pursuant to the authority vested in me as President of the United States by the act of June 20, 1938, 52 Stat. 808, I hereby prescribe the duties of the Librarian Emeritus of the Library of Congress to be such duties as in the judgment of the Librarian Emeritus will most effectively promote the increase of the collections of the Library of Congress by gifts of money and materials, and the increase of the trust funds and other endowments by means of which the Library of Congress maintains its Chairs, Consultantships, concerts, and other aids and services to those interested in learning and the arts. FRANKLIN D ROOSEVELT THE WHITE HOUSE, November 13, 1939. EXECUTIVE ORDER 8288 MAKING CERTAIN CHANGES IN THE FIELD ORGANIZATION OF THE Customs SERVICE IN THE STATE OF TEXAS By virtue of the authority vested in me by section 1 of the act of August 1, 1914, 23 FR. 1526; 3 CFR, 1938 Supp., page 64. 38 Stat. 609, 623 (U.S.C., title 19, sec. 2), | for the use of the Department of the In it is ordered that the following changes be, and they are hereby, made in the field organization of the customs service in the State of Texas: 1. The headquarters of Customs Collection District No. 23 (San Antonio) are transferred from San Antonio, Texas, to Laredo, Texas. 2. The name of Customs Collection District No. 23 (San Antonio) is changed to "Laredo Customs Collection District." 3. The city of San Antonio, Texas, is terior as a refuge and breeding ground for migratory birds and other wildlife: Provided, that any private lands within the areas described shall become a part of the refuge hereby established upon the acquisition of title thereto or control thereof by the United States: NEW MEXICO PRINCIPAL MERIDIAN All that part of T. 6 S., R. 1 W., unsurveyed, lying on the northwest side of the Bosque del Apache Grant between the boundaries of the Bosque del Apache Grant No. 35 and the Pedro Armendaris Grant No. 34; All the Bosque del Apache Grant No. 35 retained as a customs port of entry in lying in Tps. 5, 6, and 7 S., Rs. 1 W. and 1 E., Customs Collection District No. 23 (Laredo). 4. The designation of Fort Worth, Texas, as a customs port of entry in Customs Collection District No. 23 is revoked. 5. Those portions of the Counties of Dallas, Aransas, and Refugio, State of Texas, lying west of 97° west longitude, and the Counties of Tarrant, San Patricio, and Nueces, State of Texas (including the customs port of entry of Corpus Christi, Texas, in the County of Nueces), are transferred from Customs Collection District No. 23 to Customs Collection District No. 22 (Galveston). This order shall become effective thirty days from the date hereof. FRANKLIN D ROOSEVELT THE WHITE HOUSE, November 22, 1939. EXECUTIVE ORDER 8289 ESTABLISHING THE BOSQUE DEL APACHE NATIONAL WILDLIFE REFUGE NEW MEXICO By virtue of the authority vested in me as President of the United States and by the act of June 25, 1910, ch. 421, 36 Stat. 847, as amended by the act of August 24, 1912, ch. 369, 37 Stat. 497, and in order to effectuate further the purposes of the Migratory Bird Conservation Act (45 Stat. 1222), it is ordered that the public lands, together with the lands acquired or to be acquired by the United States, in the following-described areas, comprising approximately 60,267 acres, in Socorro County, New Mexico, be, and they are hereby, reserved and set apart, subject to valid, existing rights, and Tps. 5 and 6 S., R. 2 E. This reservation shall be known as the Bosque del Apache National Wildlife Refuge. FRANKLIN D ROOSEVELT THE WHITE HOUSE, November 22, 1939. EXECUTIVE ORDER 8291 EXCUSING FEDERAL EMPLOYEES FROM DUTY ON DECEMBER 23 and 30, 1939 By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: 1. The several Executive departments, independent establishments, and other governmental agencies in the District of Columbia, including the Government Printing Office and the Navy Yard and Naval Stations, shall be closed all day on Saturday, December 23, 1939, and all day on Saturday, December 30, 1939; and all employees in the Federal service in the District of Columbia, and in the field service of the Executive departments, independent establishments, and other agencies of the Government, except those who may for special public reasons be excluded from the provisions of this order by the heads of their respective departments, establishments, or agencies, or those whose absence from duty would be inconsistent with the provisions of existing law, shall be excused from duty on those days. 2. This order shall be published in the FEDERAL REGISTER. FRANKLIN D ROOSEVELT THE WHITE HOUSE, Nov 30, 1939. EXECUTIVE ORDER 8292 AMENDING THE FOREIGN SERVICE REGULATIONS OF THE UNITED STATES By virtue of and pursuant to the authority vested in me by section 1752 of the Revised Statutes of the United States (22 U.S.C. § 132), it is ordered that the Foreign Service Regulations of the United States be, and they are hereby, amended by prescribing the following as Chapter X thereof: CHAPTER X LEGAL SERVICES X-1. Duties of officers of the Foreign Service in connection with extradition proceedings. (a) Diplomatic representatives. Diplomatic representatives shall perform the following described duties in connection with the extradition from the country to which the representative is accredited of fugitives from justice in the United States: (1) When so instructed by the Department of State, they shall submit a request for the provisional arrest of the fugitive either to the foreign office or to the competent authority, according to local practice. (2) Upon the receipt of duly authenticated extradition papers from the Department of State, they shall authenticate the certificates of the Department of State attached to the papers (unless there has been such authentication by the diplomatic representative of the requested country at Washington), and present the requisition for extradition either to the foreign office or to the competent authority of the foreign government, according to local practice. X-2. Authentication of foreign extradition papers. Diplomatic representatives and consular officers of the United States shall follow the procedure prescribed by section 5 of the act of August 3, 1882, 22 Stat. 216 (18 U.S.C. § 655), in authenticating documentary evidence offered by foreign governments in support of requisitions for the extradition of fugitives from the United States. X-3. Legal services for private persons. Except when authorized by the Department of State, officers of the Foreign Service shall not perform legal services of the kind usually performed by attorneys for private persons. X-4. Agreements with local attorneys prohibited. Officers of the Foreign Service shall not enter into agreements with attorneys in their districts respecting the performance of legal services for persons applying to the mission or consulate therefor. In appropriate cases, alphabetically arranged lists of names of such attorneys may be furnished to applicants. When any person in an officer's district desires to have the name of an attorney in the United States, the officer may refer him to such lists of attorneys as are at his disposal, but shall make no recommendation as to any particular attorney. X-5. Notarial services. In the absence of statutory enactment on the subject, diplomatic officers, except ambassadors and ministers, may, and consular officers shall, perform within the confines of their districts such notarial acts as a notary public is authorized to perform under the general law and according to the usage of nations, provided a request is made for such services, or their performance is deemed necessary. When statutes governing the performance of such acts have been enacted by the Federal or State Governments, officers shall be guided by the terms of the applicable statute. (b) Consular officers. In the absence of specific instructions from the Department of State received either directly or through the diplomatic representative, consular officers shall not intervene in extradition matters. When a consular officer is charged with the duty of applying for extradition, he shall present X-6. Services of legal process by offiextradition documents to the competent cers of the Foreign Service. Officers and authority of the district to which he is employees of the Foreign Service are assigned, and shall act strictly in accord- hereby forbidden to serve subpenas, citaance with instructions from the Depart-tions, complaints, or other forms of legal ment of State. process, in connection with cases pending (1) Subpenas issued by the courts of the United States commanding a witness (resident in a foreign jurisdiction, but a citizen of the United States or domiciled therein) who has failed or neglected to appear and give testimony in answer to letters rogatory, or who has appeared and refused to give testimony, to appear before the issuing court at a time and place designated in the subpena. (28 U.S.C. §§ 711; 713.) (2) Subpenas issued by the courts of the United States at the request of the Attorney General or assistants acting under him, to compel the attendance of a witness (resident in a foreign jurisdiction, but a citizen of the United States or domiciled therein) at the trial of a criminal action. (28 U.S.C. §§ 712; 713.) (b) Service of orders to show cause. Officers of the Foreign Service shall serve orders to show cause issued in contempt proceedings on a witness who has failed or neglected to appear in answer to a subpena served in accordance with the provisions of subdivision (a) of this section. (28 U.S.C. §§ 713, 714, 715, and 716.) (c) Delivery of documents in connection with fraudulent naturalization. Officers of the Foreign Service shall deliver, or assist in delivering, to designated persons, documents relating to fraudulent naturalization when such documents are forwarded by duly authorized officials of the United States courts. SECTIONS OF REGULATIONS CANCELED The following provisions of the Foreign Service Regulations of the United States are hereby canceled: PART I to inclusive, XXIV-487 XXIV-490, inclusive, and XXVIII-6031. REVOCATION OF EXECUTIVE ORDER Executive Order No. 7470, dated October 15, 1936,' is hereby revoked. FRANKLIN D ROOSEVELT THE WHITE HOUSE, November 30, 1939. EXECUTIVE ORDER 8293 SUSPENSION OF EIGHT-HOUR LAW AS TO PERSONS EMPLOYED BY THE GOVERNMENT IN THE CONSTRUCTION OF CERTAIN EMERGENCY AIR BASES WHEREAS the act of April 25, 1939, 53 Stat. 590, authorizes the Secretary of of the Navy to establish, develop, or in crease naval aviation facilities at or in the vicinity of certain places mentioned therein, including Midway Island and Wake Island; and WHEREAS the Corps of Engineers, United States Army, is engaged in harbor development at Midway Island and Wake Island pursuant to the act of August 26, 1937, 50 Stat. 844, by use of Government forces, and has been requested by the Secretary of the Navy to perform additional work necessary for the establishment of naval aviation facilities at such places; and WHEREAS by section 1 of the act of August 1, 1892, 27 Stat. 340, as amended by the act of March 3, 1913, 37 Stat. 726 (U.S.C., title 40, sec. 321), the service and employment of all laborers and mechanics employed by the Government upon any public work of the United States, and of all persons employed by the Government to perform services similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United States, is limited to eight hours in any one calendar day except in case of extraordinary emergency; and WHEREAS it appears that the interests of the national defense require the establishment of naval aviation facilities at the said Midway and Wake Islands at the earliest practicable date; and 11 F.R. 1624. |