residence at the time of making the application, as well as how long he or she has been resident of such place.

Fourth, that there shall be a period of probation before Probation. any absolute appointment or employment aforesaid.

butions and serv

Fifth, that no person in the public service is for that, Political contrireason under any obligations to contribute to any political ice. fund, or to render any political service, and that he will not be removed or otherwise prejudiced for refusing to

do so.

Sixth, that no person in said service has any right to Coercion. use his official authority or influence to coerce the political action of any person or body.

tive examina

Seventh, there shall be noncompetitive examinations in Noncom petlall proper cases before the commission, when competent tions. persons do not compete, after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the commissioners as to the manner of giving notice.

of

changes in serv

Eighth, that notice shall be given in writing by the Notice appointing power to said commission of the persons ice. selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such persons after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by said commission.

rules.

And any necessary exceptions from said eight funda- Exceptions to mental provisions of the rules shall be set forth in connection with such rules, and the reasons therefor shall be stated in the annual reports of the commission.

examinations.

Third. Said commission shall, subject to the rules that Regulations for may be made by the President, make regulations for, and have control of, such examinations, and, through its members or the examiners, it shall supervise and preserve the records of the same; and said commission shall keep min- Minutes of proutes of its own proceedings.

ceedings.

Fourth. Said commission may make investigations Investigations. concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this act.

Fifth. Said commission shall make an annual report Annual report. to the President for transmission to Congress, showing its

Chief examiner.

own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act.

SEC. 3. That said commission is authorized to employ a chief examiner, a part of whose duty it shall be, under its direction, to act with the examining boards, so far as practicable, whether at Washington or elsewhere, and to secure accuracy, uniformity, and justice in all their proceedings, which shall be at all times open to him. The chief examiner shall be entitled to receive a salary at the rate of three thousand dollars a year, and he shall be paid his necessary traveling expenses incurred in the discharge Secretary. of his duty. The commission shall have a secretary, to be appointed by the President, who shall receive a salary Stenographer of one thousand six hundred dollars per annum.

and messenger.

It may,

when necessary, employ a stenographer, and a messenger, who shall be paid, when employed, the former at the rate of one thousand six hundred dollars a year, and the latter at the rate of six hundred dollars a year. The commission shall, at Washington, and in one or more places in each State and Territory where examinations are to take place, designate and select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the department or office in which such persons Boards of ex-serve, to be members of boards of examiners, and may at any time substitute any other person in said service living in such State or Territory in the place of anyone so selected. Such boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend before them; and where there are persons to be examined in any State or Territory, examinations shall be held therein at least twice in each year. Duties of pub-It shall be the duty of the collector, postmaster, and other

aminers.

lic officers.

officers of the United States, at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations, and in all proper ways to facilitate the same.

"The [chief] examiner is an officer to be appointed by the President, with the advice and consent of the Senate." (Opinion, Atty. Gen. May 26, 1886, 18 Op., 411.)

Section 3 of the civil-service act of January 16, 1883 (22 Stat., 405), authorizes the detail of persons in the official service of the executive departments to be members of the boards of examiners in

the Civil Service Commission, but does not authorize such detail for any other purpose or service. Opinion of December 22, 1904 (25 Op., 301), adhered to. (Opinion, Atty. Gen., Apr. 8, 1905, 25 Op., 879.)

Through subsequent legislation con

tained in the appropriation act the salary of the secretary is now $2,500 a year, and the force of the commission, exclusive of the commissioners, the chief examiner, and the secretary, consists of 204 employees.

dations, etc., for

SEC. 4. That it shall be the duty of the Secretary of Accommothe Interior to cause suitable and convenient rooms and commission. accommodations to be assigned or provided, and to be furnished, heated, and lighted, at the city of Washington, for carrying on the work of said commission and said examinations, and to cause the necessary stationery and other articles to be supplied, and the necessary printing to be done for said commission.

SEC. 5. That any said commissioner, examiner, copy- Frauds. ist, or messenger, or any person in the public service who shall willfully and corruptly, by himself or in cooperation with one or more other persons, defeat, deceive, or obstruct any person in respect of his or her right of examination according to any such rules or regulations, or who shall willfully, corruptly, and falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined hereunder, or aid in so doing, or who shall willfully and corruptly make any false representations concerning the same or concerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed, employed, or promoted, shall for each such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not less than ten days, nor more than one year, or by both such fine and imprisonment.

fication.

SEC. 6. That within sixty days after the passage of Customs classithis act it shall be the duty of the Secretary of the Treasury, in as near conformity as may be to the classification of certain clerks now existing under the one hundred and sixty-third section of the Revised Statutes, to arrange in classes the several clerks and persons employed by the collector, naval officer, surveyor, and appraisers, or either of them, or being in the public

Post-office clas

sification.

Revision of olassifications.

required for ap

service, at their respective offices in each customs district where the whole number of said clerks and persons shall be altogether as many as fifty. And thereafter, from time to time, on the direction of the President, said Secretary shall make the like classification or arrangement of clerks and persons so employed, in connection with any said office or offices, in any other customs district. And, upon like request, and for the purposes of this act, said Secretary shall arrange in one or more of said classes, or of existing classes, any other clerks, agents, or persons employed under his department in any said district not now classified; and every such arrangement and classification upon being made shall be reported to the President.

Second. Within said sixty days it shall be the duty of the Postmaster General, in general conformity to said one hundred and sixty-third section, to separately arrange in classes the several clerks and persons employed, or in the public service, at each post office, or under any postmaster of the United States, where the whole number of said clerks and persons shall together amount to as many as fifty. And thereafter, from time to time, on the direction of the President, it shall be the duty of the Postmaster General to arrange in like classes the clerks and persons so employed in the postal service in connection with any other post office; and every such arrangement and classification upon being made shall be reported to the President.

Third. That from time to time said Secretary, the Postmaster General, and each of the heads of departments mentioned in the one hundred and fifty-eighth section of the Revised Statutes, and each head of an office, shall, on the direction of the President, and for facilitating the execution of this act, respectively revise any then existing classification or arrangement of those in their respective departments and offices, and shall, for the purposes of the examination herein provided for, include in one or more of such classes, so far as practicable, subordinate places, clerks, and officers in the public service pertaining to their respective departments not before classified for examination.

Examination SEC. 7. That after the expiration of six months from pointment and the passage of this act no officer or clerk shall be ap

promotion.

pointed, and no person shall be employed to enter or be promoted in either of the said classes now existing, or

to war veterans un

that may be arranged hereunder pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. But nothing herein contained shall be con- Preference strued to take from those honorably discharged from the der sec. 1754, R. S. military or naval service any preference conferred by the seventeen hundred and fifty-fourth section of the Revised Statutes, nor to take from the President any authority

not inconsistent with this act conferred by the seventeen

hundred and fifty-third section of said statutes; nor Exclusions. shall any officer not in the executive branch of the Government, or any person merely employed as a laborer or workman, be required to be classified hereunder; nor, unless by direction of the Senate, shall any person who has been nominated for confirmation by the Senate be required to be classified or to pass an examination. SEC. 8. That no person habitually using intoxicating, Intoxicating beverages to excess shall be appointed to, or retained in, any office, appointment, or employment to which the provisions of this act are applicable.

SEC. 9. That whenever there are already two or more members of a family in the public service in the grades covered by this act, no other member of such family shall be eligible to appointment to any of said grades.

"The civil-service commission is authorized and required to withhold from certification the name of a person, two or more members of whose family are already in the public service under this act." (Opinion Atty. Gen., May 25, 1907, 26 Op., 261.)

"The family consists of those who live under the same roof with the pater-familias-those who form * * * his fireside; but when they branch out and become heads of new establishments they cease to be part of the father's family." (Opinion Atty. Gen., July 12, 1907, 26 Op., 303.)

*

*

beverages.

Members of a

family.

"Section 9 of the civil-service act * applies to temporary as well as permanent appointments." (Minute of commission, July 9, 1909.)

This section also applies to reinstatements. (Minute of commission, Dec. 9, 1908.)

66

As excepted positions are in the classified service, being merely excepted from examination in connection with appointment, section 9 of the civil-service act is applicable to such positions." (Minute of commission, Nov. 26, 1910.)

tion by Members

SEC. 10. That no recommendation of any person who Recommendashall apply for office or place under the provisions of this of Congress. act which may be given by any Senator or Member of the House of Representatives, except as to the character or residence of the applicant, shall be received or considered by any person concerned in making any examination or appointment under this act.

ments and contri

SEC. 11. That no Senator, or Representative, or Terri- Political assesstorial Delegate of the Congress, or Senator, Representa-butions. tive, or Delegate elect, or any officer or employee of either