WITHHOLDING SALARY AND REGULATIONS. Testimony in investigations.-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 57 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. (23 Op. A. G., 595.) RULE XV.-WITHHOLDINg Salary. ment. If the Commission shall find that any person is holding Compensation conditional upon a position in violation of the civil-service act or of the legal appointrules promulgated in accordance therewith, it shall, after Act, sec. 7. 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 ten 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 executive order of November 29, 1904, p. 29, relative to the manner in which the question as to whether examination is required in any particular case is to be determined. Employment of persons who have not been certified by the Commission.-A person employed by a marshal as his office deputy, without having been certified by the Commission as eligible to employ ment, although employed in violation of executive orders, is not employed in vio lation of law, and is entitled to the expenses incurred by him in serving a warrant of arrest. (5 Dec. of Compt. Treas., 649.) Presumption of compliance with law and rules. In the absence of evidence to the contrary, 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. (3 Dec. of Compt. Treas., 52.) RULE XVI.-REGULATIONS. regulations. 1. The Commission shall have authority to make regu- Power to make lations for the execution of these rules. 2. No modification of the existing regulations in the Navy-yard regulations. Navy Department governing the employment of labor at navy-yards shall be made without the approval of the Commission. Skilled laborers and mechanics in navyyards.—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 classi fied 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. (Op. A. G., July 6, 1909.) SCHEDULE A. CLASSIFIED POSITIONS EXCEPTED RULE II, CLAUSE 3. EXAMINATION UNDER [The classified service does not include positions under the government of the District of Columbia, the Library of Congress, legislative and judicial branches, Consular and Diplomatic services, and Bureau of the American Republics.] 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 not more than $300 per annum compensation for his personal salary, who may lawfully perform his official duties in connection with his private business, such duties requiring only a portion of his time.ɑ 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. a The essential requirements for exception under this section are that the duties must take only a part of the employee's time, must be such as may be performed lawfully in connection with his private business, and for which his compensation does not exceed $300 per annum. It does not permit temporary employments requiring an employee's entire time, though his compensation may not exceed $300 during the time of his employment or during the year. Such employment shall be made under the rule governing temporary employment. 58 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. 12. Mechanics and skilled tradesmen or laborers, a 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 b 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 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. Two assistant solicitors.d II. STATE DEPARTMENT.C III. TREASURY DEPARTMENT.C 1. Not exceeding one solicitor to the collector at the port of New York, if authorized by the Secretary of the Treasury. 2. 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. 3. One counsel before the Board of United States General Appraisers. 4. In the New York customs district: Two paymasters; stitch counters. 5. Storekeepers and gaugers e 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. 6. 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.f 7. 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. 8. Any person employed in the Public Health and Marine-Hospital Service as quarantine attendant at a station 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 a quarantine vessel or in a camp or station established for quarantine purposes during an epidemic of a contagious disease, for temporary duty in the United States or elsewhere in preventing the introduction or spread of contagious or infectious diseases.9 a The exception refers to skilled or classified laborers; unskilled laborers are not within the scope of the civil-service act and rules. ¿ The Commission holds that this exception applies to chauffeurs as well as to drivers of carriages. c See excepted positions in this department under heading "The Entire Classified Service." d Excepted under provisions of executive order of October 9, 1908. (See p. 128, Twenty-fifth Report.) e Internal-Revenue Service. ƒ Amendment of April 4, 1910. • 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. 9. In the Alaska Customs Service all persons appointed or employed for the season of navigation only. 10. One examiner of tobacco and one examiner of tea in the Customs Service at the port of Chicago. 11. Mounted inspectors in the customs service on the Mexican border. 12. Civilian instructors in the United States Revenue-Cutter Service. 13. National-bank examiners and receivers under the office of the Comptroller of the Currency. 14. All persons actually employed in the Public Health and Marine-Hospital Service at the Leprosy Investigation Station, Molokai, Hawaii. 15. Informers and posseman in the Internal-Revenue Service.a IV. WAR DEPARTMENT.b 1. All paymaster's clerks actually on duty with paymasters. 2. All cable engineers and cable electricians. 3. 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 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. 4. 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. 5. 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, c 6. Consulting architect, for work of reconstructing the United States Military Academy at West Point, New York. 7. All navigating positions on the torpedo and mine planters of the Quartermaster's Department at large. 8. One law officer in the Bureau of Insular Affairs. 9. 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. 10. Caretakers of abandoned military reservations or of abandoned or unoccupied military posts when the positions are filled by retired noncommissioned officers or enlisted men. 11. Civilian professors, instructors, and teachers in the United States Military Academy at West Point and in the United States Naval Academy at Annapolis. 12. Superintendent of construction, Quartermaster's Department at Large, Corregidor, Philippine Islands. 13. Contract surgeons.a V. DEPARTMENT OF JUSTICE.b 1. Wardens, chaplains, and physicians in the United States penitentiaries or prisons. 2. One clerk to each United States district attorney.d 3. Examiners. a Excepted under provisions of executive order of October 9, 1908. (See p. 128, Twenty-fifth Report.) See excepted positions in this department under heading "The Entire Classified Service." c As amended February 8, 1810, and April 12, 1910. d See Rule II, section 3, note. 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. VI. POST-OFFICE DEPARTMENT.a 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. 4. All employees on star routes and in post-offices having no city free delivery service, other than postmasters of the fourth class, in Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Wisconsin, and Michigan. 5. One assistant postmaster or the chief assistant to the postmaster, of whatever designation, at each post-office. 6. One auditor at the post-office in New York City.b 7. Clerks in charge of contract stations, appropriated for as such and so reported. 8. Clerks in charge of stations, whose compensation does not exceed $500 per annum. Persons now employed or hereafter appointed within the limits of this exception may be promoted, but may not be transferred or assigned to any other position which is competitive. 9. Chief post-office inspector.c VII. DEPARTMENT OF THE INTERIOR.@ 1. The superintendent of the Hot Springs Reservation. 3. Inspectors of coal mines in the Territories. 4. Temporary clerks employed in the United States local land offices to reduce testimony to writing in contest cases, not paid from government funds. 5. Indians employed in the Indian Service at large, except those employed as superintendents, teachers, manual training teachers, kindergartners, physicians, matrons, clerks, seamstresses, farmers, and industrial teachers. 6. Special commissioners to negotiate with Indians, as the necessity for their employment may arise. 7. One financial clerk at each Indian agency to act as agent during the absence or disability of the agent. 8. Physicians employed in the Indian Service and receiving not more than $720 per annum salary, who may lawfully perform their official duties in connection with their private practice, such employment, however, to be subject to the approval of the commission. 9. All physicians employed as pension examining surgeons, whether organized in boards or working individually under the direction of the Commissioner of Pensions. This paragraph shall not include medical examiners in the Pension Office. a See excepted positions in this department under heading "The Entire Classified Service." The clauses of Section V of this schedule excepting cashiers and finance clerks were stricken out on March 30, 1905, with the provision that "No cashier or finance clerk appointed under the exceptions from examination formerly contained in this schedule shall acquire any of the rights or privileges conferred by these rules upon competitive employees except upon recommendation by the Postmaster-General." c Excepted by executive order January 4, 1910. |