Vacancies; how temporarily filled. July 23, 1868, c. TEMPORARY VACANCIES, HOW FILLED. 7. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant 227, s. 1, v. 15, p. thereof shall, unless otherwise directed by the President, Sec. 177, R. S. as provided by section one hundred and seventy-nine [Rev. Stat., par. 10, post], perform the duties of such head until a successor is appointed, or such absence or sickness shall 168. cease. Secretary of 8. When, from illness or other cause, the Secretary of War may authorize chief clerk to War is temporarily absent from the War Department, he sin requisi. tions, etc., in his may authorize the chief clerk of the Department to sign Mar. 4, 1874, v. requisitions upon the Treasury Department, and other absence. 18, p. 19. Vacancies in subordinate of fices. July 23, 1868, c. 168. papers requiring the signature of said Secretary; the same, when signed by the chief clerk during such temporary absence, to be of the same force and effect as if signed by the Secretary of War himself. Act of March 4, 1874 (18 Stat. L., 19). 9. In case of the death, resignation, absence, or sickness of the chief of any Bureau, or of any officer thereof, whose 227, s. 2, v. 15, p. appointment is not vested in the head of the Department, Sec. 178, R. S. the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such Bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease. July 23, 1868, c. Discretion ary 10. In any of the cases mentioned in the two preceding anthority of the President. sections, except the death, resignation, absence, or sick227, s. 3, v. 15, p. ness of the Attorney-General, the President may, in his 1870, c. 150, s. 2, v. discretion, authorize and direct the head of any other DeSec. 179, R. S. partment or any other officer in either Department whose 168; June 22. 16, p. 162. appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease. isterial acts, or omissions, to the injury of an individual. Marbury v. Madison, 1 Cr., 137, 166; Gaines e. Thompson, 7 Wall., 347: Amy . The Supervisors, 11 Wall., 136, 137, 166. Where a ministerial officer acts in good faith, he is not liable in exem plary damages for an injury done; but he can claim no further exemption where his acts are clearly against the law. Tracy e. Swartwout, 10 Pet., 80. Measure of damages.--Where the law requires absolutely a ministerial act to be done by a public officer, and he neglects or refuses to do such act, he may be com pelled to respond in damages to the extent of the injury arising from his conduct. A mistake as to his duty and honest intentions will not excuse the offender. Amy v. The Supervisors, 11 Wall., 136. Where an action is brought for an injury done in the discharge of an official duty, the damages are measured generally by the extent of that injury. Bispham v. Taylor, 2 MeLean, 408. Pierce v. Strickland, 2 Story, 292. For general provisions respecting public officers, see Chapter IV and par. 4, ante. Commanding general of the be designated by form duties of War. 11. The President may authorize and direct the commanding general of the Army or the chief of any military Army, etc.. may bureau of the War Department to perform the duties of President to per the Secretary of War under the provisions of section one Secretary of hundred and seventy-nine of the Revised Statutes, and Aug. 5, 1882, v. section twelve hundred and twenty-two of the Revised Statutes shall not be held or taken to apply to the officer so designated by reason of his temporarily performing such duties. Act of August 5, 1882 (22 Stat. L., 238). 12. A vacancy occasioned by death or resignation must not be temporarily filled under the three preceding sections for a longer period than thirty days. Act of February 6, 1891 (26 Stat. L., 733). 168; Feb. 6, 1891, v. 26, p. 733. 22, p. 238. days. Temporary ap pointments limited to thirty July 23, 1868, c. 227, s. 3, v. 15, p. Sec. 180, R. S. Restriction on pointments. 227, s. 2, v. 15, p. temporary ap July 23, 1868, c. 168. Sec. 181, R. S. 13. No temporary appointment, designation, or assign ment of one officer to perform the duties of another, in the cases covered by sections one hundred and seventy-seven and one hundred and seventy-eight [Rev. Stat.], shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate. 14. An officer performing the duties of another office, Extra compenduring a vacancy, as authorized by sections one hundred and seventy-seven, one hundred and seventy-eight [Rev. Stat.], and one hundred and seventy-nine [ibid.], is not by reason thereof entitled to any other compensation than that attached to his proper office. CHIEF CLERKS-DISBURSING CLERKS. sation disal lowed. July 23, 1868, c. 227, s. 3, v. 15, p. 168. Sec. 182, R. S. Chief clerks to dinate clerks. supervise subor Aug. 26, 1842, c. 15. Each chief clerk in the several Departments, and Bureaus, and other offices connected with the Departments, shall supervise, under the direction of his immediate supe- 202, s. 13, v. 5, p. rior, the duties of the other clerks therein, and see that Sec. 173, B. S. they are faithfully performed.' 16. Each chief clerk shall take care, from time to time, that the duties of the other clerks are distributed with equality and uniformity, according to the nature of the case. He shall revise such distribution from time to time, for the purpose of correcting any tendency to undue accumulation or reduction of duties, whether arising from individual negligence or incapacity, or from increase or diminution of particular kinds of business. And he shall report monthly to his superior officer any existing defect that he may be aware of in the arrangement or dispatch of business. For authority to administer oaths of office see the act of August 29, 1890 (26 Stat. L. 371), par. 34, post. 525. Chief clerks to ties, etc. Aug. 26, 1842, c. distribute du 202, s. 13, v. 5, p. 525. Sec. 174, B. S. Duty of chief 525. 17. Each head of a Department, chief of a Bureau, or on receipt of report. other superior officer, shall, upon receiving each monthly Aug. 26, 1842, c. 202, s.13, v. 5, p. report of his chief clerk rendered pursuant to the precedSec. 175, R. S. ing section, examine the facts stated therein, and take such measures in the exercise of the powers conferred upon him by law, as may be necessary and proper to amend any existing defects in the arrangement or dispatch of business disclosed by such report. Disbursing clerks. 97, s. 3, v. 10, pp. 1855, c. 175, s. 4, v. 3, 1873, c. 226, s. 1, Sec. 176, R. S. 18. The disbursing clerks authorized by law in the sevMar. 3, 1853, c. eral Departments shall be appointed by the heads of the 209, 211; Mar. 3, respective Departments, from clerks of the fourth class; 10, p. 669: Mar. and shall each give a bond to the United States for the v. 17, p. 485 (492). faithful discharge of the duties of his office according to law in such amount as shall be directed by the Secretary of the Treasury, and with sureties to the satisfaction of the Solicitor of the Treasury; and shall from time to time renew, strengthen, and increase his official bond, as the Secretary of the Treasury may direct. Each disbursing clerk, except the disbursing clerk of the Treasury Department, must, when directed so to do by the head of the Department, superintend the building occupied by his Department. Each disbursing clerk is entitled to receive, as compensation for his services in disbursing, such sum in addition to his salary as a clerk of the fourth class as shall make his whole annual compensation two thousand dollars a year. Hours of labor in Executive De partments. Act Mar. 3, HOURS OF LABOR IN THE EXECUTIVE DEPARTMENTS- 19. Hereafter it shall be the duty of the heads of the sev eral Executive Departments, in the interest of the public 1898, s. 7, v. 30. service, to require of all clerks and other employees, of whatever grade or class, in their respective Departments, not less than seven hours of labor each day, except Sundays and days declared public holidays by law or Execu tive order: Provided, That the heads of the Departments may, by special order, stating the reason, further extend the hours of any clerk or employee in their Departments, respectively; but in case of an extension it shall be without additional compensation: Provided further, That the Extending or head of any Department may grant thirty days' annual limiting hours. leave with pay in any one year to each clerk or employee: And provided further, That where some member of the immediate family of a clerk or employee is afflicted with a Provisos. sick leave, with contagious disease and requires the care and attendance of Annual and such employee, or where his or her presence in the Depart- pay. ment would jeopardize the health of fellow-clerks, and in exceptional and meritorious cases, where a clerk or employee is personally ill, and where to limit the annual leave to thirty days in any one calendar year would work peculiar hardship, it may be extended, in the discretion of the head Extension of the Department, with pay, not exceeding thirty days in any one case or in any one calendar year. sick leave. of Limit, with ports of busi This section shall not be construed to mean that so long as a clerk or employee is borne upon the rolls of the pay. Department in excess of the time herein provided for or granted that he or she shall be entitled to pay during the period of such excessive absence, but that the pay shall stop upon the expiration of the granted leave. Hereafter it shall be the duty of the head of each Monthly re Executive Department to require monthly reports to be ness. made to him as to the condition of the public business in the several bureaus or offices of his Department at Washington; and in each case where such reports disclose that the public business is in arrears, the head of the Department in which such arrears exist shall require, as provided herein, an extension of the hours of service to such clerks or employees as may be necessary to bring up such arrears of public business. re ports to Presi Hereafter it shall be the duty of the head of each Quarterly, Executive Department, or other Government establishment dent. at the seat of government, not under an Executive Department, to make at the expiration of each quarter of the fiscal year a written report to the President as to the condition of the public business in his Executive Department or Government establishment, and whether any branch thereof is in arrears.' Sec. 7, act of March 15, 1898. CLASSIFICATION OF CLERKS. Classification of Department 20. The clerks in the Departments shall be arranged in Mar. 3, 1853, c. ...aminations. Mar. 3, 1855, c. 3, v. 19, p. 21. No clerk shall be appointed in any Department in either of the four classes above designated until he has 7 been examined and found qualified by a board of three c. 175, s. 4, v. 10, p. examiners, to consist of the chief of the Bureau or office Sec. 164, R. S. This statute operates to repeal section 162 of the Revised Statutes in respect to the hours of business in the several Executive Departments. It replaces section 4 of the act of March 3, 1883 (22 Stat. L., 563), and section 5 of the act of March 3, 1893 (27 Stat. L., 715), in respect to the same subject. 205 Mar. 3, 1855. 669. Clerkships open to women. 251, s. 2, v. 16, pp. 230, 250. into which such clerk is to be appointed and two other clerks to be selected by the head of the Department.1 22. Women may, in the discretion of the head of any 121870, Department, be appointed to any of the clerkships therein authorized by law, upon the same requisites and conditions, and with the same compensations, as are prescribed for men. Sec. 165, R. S. clerks. 1896, v. 29, p. 179. Details. tails. Distribution of 23. Each head of a Department may, from time to time, alter the distribution among the various bureaus and offices of his Department, of the clerks and other employees Sec. 3. May 28. allowed by law, except such clerks or employees as may be Sec. 166, R. S. required by law to be exclusively engaged upon some specific work, as he may find it necessary and proper to do, but all details hereunder shall be made by written order of the head of the Department, and in no case be for a period of time exceeding one hundred and twenty days: Renewal of de- Provided, That details so made may, on expiration, be renewed from time to time by written order of the head of the Department, in each particular case, for periods of not exceeding one hundred and twenty days. All details heretofore made are hereby revoked, but may be renewed as provided herein. Sec. 3, act of May 28, 1896 (29 Stat. L., 179). 24. That whenever, in the judgment of the head of any lower class. Department the duties assigned to a clerk of one class can 1876, v. 19, p. 169. be as well performed by a clerk of a lower class or by a female clerk, it shall be lawful for him to diminish the number of clerks of the higher grade and increase the number of the clerks of the lower grade within the limit of the total appropriation for such clerical service. Section 3, act of August 15, 1876 (19 Stat. L., 169). Transfer of duties to clerks of Sec. 3, Aug. 15, Salaries of per sons employed in SALARIES. 25. The annual salaries of clerks and employees in the the Departments. Departments, whose compensation is not otherwise pre Mar. 3, 1853, e. 97, 8, 3. v. 10, pp. scribed, shall be as follows: 209, 211; Apr. 22, 1854, c. 52, s. 1, v. 10, p. 276: Aug. First. To clerks of the fourth class, eighteen hundred Second. To clerks of the third class, sixteen hundred 18, 1856, Res. 18. dollars. 1870, c. 251, s. 3, Third. To clerks of the second class, fourteen hundred Sec. 167, R. S. dollars. Fourth. To clerks of the first class, twelve hundred dollars. For rules regulating the procurement of services in the several Executive Departments seen in Chapter IV, the title The Civil Service. |