Offer or acceptance of bribe for etc. place of trust or profit, or with intent to influence him to commit or aid in committing or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered and imprisoned not more than three years. (Crim. Code, in effect Jan. 1, 1910. See also sec. 5451, R. S.) SEC. 112. Whoever, being elected or appointed a Memprocuring offices, ber of or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified and during his continuance in office, or being an officer or agent of the United States, shall directly or indirectly take, receive, or agree to receive from any person, any money, property, or other valuable consideration whatever, for procuring, or aiding to procure, any contract, appointive office, or place from the United States or from any officer or department thereof, for any person whatever or for giving any such contract, appointive office, or place to any person whomsoever, or whoever, directly or indirectly, shall offer, or agree to give, or shall give or bestow, any money, property, or other valuable consideration whatever, for the procuring, or aiding to procure, any such contract, appointive office, or place, shall be fined not more than ten thousand dollars and imprisoned not more than two years; and shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States. Any such contract or agreement may, at the option of the President, be declared void. (Crim. Code, in effect Jan. 1, 1910. See also sec. 1781, R. S.) Political assessments and contributions. SEC. 118. That no Senator, or Representative in, or Delegate or Resident Commissioner to Congress, or Senator, Representative, Delegate, or Resident Commissioner elect, or officer or employee of either House of Congress, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch, or bureau of the executive, judicial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. (Crim. Code, in effect Jan. 1, 1910. See also sec. 11, civil-service act.) tation in public SEC. 119. No person shall, in any room or building Political solici occupied in the discharge of official duties by any officer or offices. employee of the United States mentioned in the preceding section, or in any navy yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or other thing of value for any political purpose whatever. (Crim. Code, in effect Jan. 1, 1910. See also sec. 12, civil-service act.) or compensation. SEC. 120. No officer or employee of the United States Change of rank mentioned in section one hundred and eighteen shall discharge, or promote, or degrade, or in any manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose. (Crim. Code, in effect Jan. 1, 1910. See also sec. 13, civil-service act.) tions by one offi SEC. 121. No officer, clerk, or other person in the serv- Contribuice of the United States shall, directly or indirectly, give cer to another. or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of or Delegate to Congress, or Resident Commissioner, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever. (Crim. Code, in effect Jan. 1, 1910. See also sec. 14, civil-service act.) SEC. 122. Whoever shall violate any provision of the Penalty. four preceding sections shall be fined not more than five thousand dollars, or imprisoned not more than three years, or both. (Crim. Code, in effect Jan. 1, 1910. See also sec. 15, civil-service act.) SEC. 37. If two or more persons conspire either to commit any offense against the United States or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be fined not more than ten thousand dollars 65826°-15-5 Conspiracy. or imprisoned not more than two years, or both. (Crim. Code, in effect Jan. 1, 1910. See also sec. 5440, R. S.) "It is claimed by the appellee that to defraud the United States must mean to deprive it of money wrongfully, or of something of money value; and that a falsehood or trick by which its officers are deceived in the matter of selecting those who are to perform work for it could not be a fraud against the United States. We do not agree to this proposition. "The Civil Service Commission is a legal agency of the United States, created by act of Congress, and through it the President undertakes to find and appoint such persons as may best promote the efficiency of the civil service, and to that end regulations are prescribed by means of which the age, health, character, knowledge, and ability for the branch of the service into which he seeks to enter of each candidate may be fully ascertained. "If falsehoods are imposed upon the Felonies and misdemeanors defined. persons charged with the duty of ascertaining these qualifications, and made to take the place of facts, then the United States is defrauded, is deprived by deceit of the knowledge justly due to its officers in the proper discharge of its business, and it is thereby liable to obtain a less efficient employee. "We think that the trial court may properly hold that the appellee's alleged conduct, in cooperation with the candidate in this case, in making a false statement as to her past experience constitutes an offense under this section, 5440; and that such attempt at deception, if successfully carried out, would defraud the United States within the meaning of the law." (Palmer v. Colladay, 1901, 18 App. D. C., 433. See also note to Ú. S. v. Bunting, 1897, 82 Fed., 884, under sec. 28, "Prohibitory Statutes," supra.) SEC. 335. All offenses which may be punished by death, or imprisonment for a term exceeding one year shall be deemed felonies. All other offenses shall be deemed misdemeanors. (Crim. Code, in effect Jan. 1, 1910.) CIVIL-SERVICE RULES PROMULGATED BY THE PRESIDENT NOTES BY THE COMMISSION. par. 1. sec. 2, In the exercise of power conferred by the Constitution, Act by section 1753, Revised Statutes, and by the civil-service act of January 16, 1883, the President promulgates the Promulgating following rules in lieu of those promulgated May 6, 1896, and the amendments thereof: "He [the President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided twothirds of the Senators present concur; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments." (Constitution of U. S., Art. II, sec. 2, par. 2.) "The general rule deducible from this provision [Art. II, sec. 2, of the Constitution] is that, in the absence of an express enactment to the contrary, the appointment of any officer of the United States belongs to the President by and with the advice of the Senate." (Opinion Atty. Gen., June 1, 1911, 29 Op., 116.) This opinion also held that officers whose appointment is not specifically provided for are to be appointed by the President and confirmed by the Senate, if their designations are such as to indicate that they are to perform all the duties which might be performed by a presidential officer, and that certain technical em order. ployees, the manner of whose appointment is not specifically provided for, are properly to be regarded as clerks rather than officers and as coming under section 169 of the Revised Statutes which authorizes the head of a department to employ such number of clerks, etc., of the several classes recognized by law as may be appropriated for by Congress from year to year. Congress has power to distribute, at its pleasure, the appointment of inferior officers between the President, courts of law, and heads of departments, or to vest such appointments exclusively in one or two of those depositaries, but it has no power to vest appointments elsewhere directly or indirectly. (Opinion Atty. Gen., Aug. 31, 1871, 13 Op., 516.) "The head of a department has no constitutional prerogative of appointment to offices independently of the legislation of Congress, and by such legislation he must be governed not only in making appointments, but in all that is incident thereto." (U. S. v. Perkins, Jan. 25, 1886, 116 U. S., 483.) * * * "The official acts of a previous administration are to be considered by its successor as final, so far as the Executive is concerned. This rule may be regarded as settled.' (Opinion Atty. Gen., Mar. 20, 1877, 15 Op., 208.) RULE I.-POLITICS AND RELIGION. with elections. 1. No person in the executive civil service shall use his No interference official authority or influence for the purpose of interfer-Act, sec. 2, cl. 2, ing with an election or affecting the results thereof. Per- Amendment of par. 6. June 3, 1907. 1 Promulgated Apr. 15, 1903, and revised to Nov. 15, 1914. A compilation of the civil-service rules, special orders, and classifications from May 7, 1883 (the date of the first rules under the civil-service act of 1883), to Aug. 16, 1902, will be found at page 161 of the Eighteenth Report of the Commission. A further compilation from Aug. 16, 1902, to Feb. 1, 1904, will be found at page 194 of the Twentieth Report, and each subsequent report contains a similar compilation for the year covered by it. sons who by the provisions of these rules are in the competitive classified service, while retaining the right to vote as they please and to express privately their opinions on all political subjects, shall take no active part in political management or in political campaigns. Under the regulations for the navy-yard service approved December 7, 1912, unclassified laborers are made subject to dismissal for political activity in the same manner as are competitive classified employees. Similar instructions have been issued by other departments placing the same limitations in regard to political activity on laborers in the unclassified service as are applied to competitive employees. 'Whenever in the opinion of the Secretary of the Navy a strict enforcement of the provisions of section 1, Rule I, of the civil-service rules would influence the result of a local election the issue of which materially affects the local welfare of the Government employees in the vicinity of any navy yard or station, the Civil Service Commission may, on recommendation of the Secretary of the Navy, and after such investigation as it may deem necessary, permit the active participation of the employees of the yard or station in such local election. In the exercise of the privilege which may be conferred hereunder, persons affected must not neglect their official duties nor cause public scandal by their activity." (Executive order, May 14, 1909.) "Employees of the executive civil service permanently residing in the following incorporated municipalities adjacent to the District of Columbia will not be prohibited from becoming candidates for or holding municipal office in such corporations: "In Maryland-Takoma Park, Kensington, Garrett Park, Chevy Chase, Glen Echo, Hyattsville, Mount Rainier, Som erset. "In Virginia-Falls Church, Vienna, Herndon. "In the exercise of the privilege granted by this order, officers and employees must not neglect their official duties and must not engage in national, State, or county political activity in violation of the civil-service rules, and if there is such violation the head of the department or independent office in which the person is employed shall inflict such punishment as the Civil Service Commission shall recommend. "This order, which is recommended by the Civil Service Commission, is based upon the facts that a considerable number of the residents and taxpayers of the towns mentioned are employed in the Government service, that service as municipal officers in such towns should in no way involve general partisan political activity, and that the principle of home rule and local self-government justifies such participation. (Executive order Feb. 14, 1912, as amended by order of May 5, 1914, adding Somerset.) Some of the forms of activity held to be forbidden by this provision are: Candidacy for or service as delegate, alternate, or proxy in any political convention, or as an officer or employee thereof; acting as officer of any political convention or caucus, addressing it, making motions, preparing or assisting in preparing resolutions, representing other persons, or taking any prominent part therein; service on or for any political committee or other similar organization; serving as officer of a political club, as member or officer of any of its committees, addressing such a club, or being active in its organization; service in preparing for, organizing, or conducting a political meeting or rally, addressing such a meeting, or taking any other active part therein except as a spectator; giving public expression to political views, engaging in political discussions or conferences while on duty or in public places, or canvassing a district or soliciting political support for any party, faction, candidate, or measure; offensive activity at the polls at primary or regular elections, soliciting votes, assisting voters to mark ballots, or in getting out the voters on registration and election days, acting as accredited checker, watcher, or challenger of any party or faction, assisting in counting the vote, or engaging in any other activity at the polls except marking and depositing the employee's own ballot; serving in any position of election officer; publishing or being connected editorially, managerially, or financially with any political newspaper, and writing for publication or publishing any letter or article, signed or unsigned, in favor of or against any political party, candidate, faction, or measure; activity in campaigns concerning the regulation or suppression of the liquor traffic; candidacy for nomination or election to or holding local office; distribution of campaign literature, badges or buttons, or wearing such badges or buttons while on duty; the circulation but not the signing of political petitions (including initiative and referendum, recall, and nomination |