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Laborers :

The classification of laborers
Regulations governing employment in Washington....

Regulations governing employment outside of Washington..
Government employees in the District of Columbia...

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[22 Stat. L., 403.)

AN ACT To regulate and improve the civil service of the United


Be it enacted by the Senate and House of Representa- Appointment tives of the United States of America in Congress assem-sioners. bled, That the President is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as Civil Service Commissioners, and said three Commissioners shall constitute the United States Civil Service Commission. Said Commissioners shall hold no other official place under the United States.

The President may remove any Commissioner; and any vacancy in the position of Commissioner shall be so filled by the President, by and with the advice and consent of the Senate, as to conform to said conditions for the first selection of Commissioners.

The Commissioners shall each receive a salary of three Salaries and thousand five hundred dollars a year. And each of said expenses. Commissioners shall be paid his necessary traveling expenses incurred in the discharge of his duty as a Commissioner.

Removal of

The Commission not an executive depart- ments, nor is it subject in any wise to the ment.—The term “executive depart control of any of the heads of such departments” in the federal statutes refers only ments. (22 Op. A. G., 62.) to those departments specified in section Constitutionality of civil-service laws.158, Revised Statutes, to which has since The civil-service laws are constitutional been added the Department of Agricul- and valid. An appointment or employture and the Department of Commerce ment in violation of the civil-service laws and Labor. No board, commission, bu- is illegal, and the authorities have no reau, or office which is not expressly or right to appropriate the public moneys to by implication under the control of the the payment for services rendered in head of one of the executive departments pursuance of such illegal appointment can be considered as belonging properly or employment.-American and English to an executive department. The Civil Encyclopedia of Law, title “Public Service Commission is not attached in officers.” any wise to any of the executive depart

a Definition.--Civil service is defined as the executive branch of the public service as distinguished from military, naval, legislative, and judicial.-(Century Dictionary.)

Duties of

SEC. 2. That it shall be the duty of said Commissioners:

First. To aid the President, as he may request, in preparing suitable rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect.

Authority of acts of the President.— sioners jointly with the President, the Where an act of Congress, establishing a authority to do any act which is equivageneral system, confers on the President lent to legislation. (Woods v. Gary, the authority to do a specific act for the Postmaster-General, Sup. Ct. D. C., Sept. purpose of perfecting the means by which 14, 1897. See also, Opinion of Justices, the system shall be carried into effect, the 138 Mass., 601.) act of the President, when performed ac- In a letter to the Commission of cording to the terms of the statute, has July 16, 1895, the President requested all the validity and authority of the it to further a plan by which the Board statute itself. (10 Op. A. G., 469.) of Commissioners for the District of

Power to prescribe rules.—There can be Columbia may provide examinations no doubt as to the power of Congress or for those seeking places under the any other legislative body to delegate to District government so far as this may subordinate authorities the power to make be done without thereby adding to the rules and regulations within certain expenses of the Commission. The aulimits, which, when made, will have the thority to hold such examinations was force of law. Thus, corporations, munici- sustained by the court of appeals of pal or private, may be authorized to the District of Columbia in an applimake by-laws, and police commissioners, cation for an injunction by J. Stewart boards of health, and fire commissioners Harrison et al. v. John C. Black et al. may be authorized to make regulations In an executive order of December which have the effect of laws.

17, 1907, the President directed that But if any rule prepared by this Com- “upon the request of any Member of mission, whether published by the Presi- Congress the United States Civil Servdent or not, should have the effect of ice Commission shall aid in testing repealing or modifying an act of Congress, the qualifications of applicants for it would be an act of legislation, and not a designation for appointment in the regulation of a mere executive character, United States Military or Naval which it was clearly the object of this law academies, so far as this may be done to authorize. It is a grave question without thereby adding to the whether Congress could delegate to the penses of the Commission.” President, or to any board of commis

Second. And, among other things, said rules shall provide and declare, as nearly as the conditions of good

administration will warrant, as follows: Competitive

First, for open, competitive examinations for testing the fitness of applicants for the public service now classified or to be classified hereunder. Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to



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