the apportioned than in the unapportioned service. The larger number of requests for transfer calling for a waiver of the apportionment appear to be based upon an exaggeration of the necessities of the case, or yielding to pressure, rather than a just regard for the requirement of apportionment. In most of these cases the interests of the service would have been better subserved if the apportionment had been adhered to. Great injustice has been done to the remoter States in these transfers.

SAME LINE OF WORK.

A second consideration is the restriction of transfers to the same line of work. Many persons have been transferred to positions for which there was nothing in their previous service showing qualification. These transfers from alien and inferior grades have broken down the promotion regulations and are contrary to the theory that persons should rise in the service along certain broad lines of demonstrated training and fitness. The history of the rules shows that from the beginning the Commission has been of the view that a transfer should only be permitted along the natural lines of the evolution of the work of the branch of the service in which the person is engaged, or along the line of his trade or profession. Such a restriction may be a hardship to individuals, but on the whole it is in the interests of wise policy and absolutely necessary to the preservation of a just system of promotion and the reduction of the number of instances in which transfers are made purely for personal reasons, to the inconvenience of the service.

It must be remembered also that a large proportion of positions in the service require long training for the full performance of the work incident to them. A free system of transfers produces a constant dissipation of energy in the loss of this training in one position and the acquirement of different training in another. The benefit of the previous training is largely lost where the person is transferred to a different class of work; but where the person rises in the same class of work the training previously received continues to be of value to the service. This theory of promotion and transfer has regard to the conservation and use of this training. This does not mean that a man is debarred from entering a part of the service where a different class of work is performed, but merely that in order to do so he shall show his fitness in open competition for it. It is necessary to guard by rules against the tendency toward making a privileged class of those already in the service and defeating the just claims of persons of superior qualifications seeking original entrance. In order to facilitate the consideration of the cases of transfers as they arise and to promote consistency in their disposition, the following regulations have been adopted:

REGULATIONS TO GOVERN TRANSFERS AND REINSTATEMENTS.

[Adopted March 10, 1902; amended to November 13, 1902.]

Under authority conferred by Rule I of the civil-service rules, the United States Civil Service Commission hereby adopts the following regulations to govern transfers and reinstatements within that part of the civil service of the United States which has been or may hereafter be classified under the civil-service act:

REGULATION I.

Definitions. The several terms or phrases hereinafter mentioned, wherever used in Rule X or any of these regulations, shall be construed as follows:

(1) The term "branch of the service" shall be construed as applying to one of the five branches of the service specified in Rule III, clause 1.a

a These are: The Departmental Service, the Custom-House Service, the Post-Office Service, the Government Printing Service, and the Internal-Revenue Service.

(2) The term "department" shall be construed as referring only to the Executive Departments.

(3) The term "office" shall be construed as applying to independent executive establishments, except that in clause 2 of Rule X, in the provision forbidding the transfer of any person who has not served six months in the office in which he became classified, and in the proviso to section 7 of Rule II, forbidding the transfer of any person who was brought into the service by classification until he has passed an examination, the word "office" shall be construed as also meaning any particular office subordinate to a department. Each department or office will be treated as a whole, except so far as part of its force may be subject to the apportionment and part not subject thereto.

(4) The phrase, "the performance of the same class of work, or the practice of the same mechanical trade performed or practiced in the position from which transfer is proposed," as used in clause 2 of Rule X, will be construed as having reference rather to the line of work in the part of the service in which the person is employed than to the casual duties performed by the person himself. The rule is to be regarded as favoring the advancement of employees either along the line of their special trade or profession (other than of an ordinary clerical character) or along the general line of the work performed in the part of the service in which they are engaged. It is intended that transfers shall be facilitated which will be in the nature of promotions, so that training received in one position will be made available elsewhere.

REGULATION II.

A transfer from a nonapportioned to an apportioned position shall be charged to the apportionment of the State of which the person transferred is a legal resident, in like manner as an original appointment to the apportioned service; but where a person proposed for transfer to such service has within a year filed an application proving legal residence no further proof of such residence will be required, if the Commission is otherwise satisfied that he is entitled to continue to claim residence in the same State.

REGULATION III.

Transfer will not be permitted from the nonapportioned to the apportioned service where the apportionment of the State of which the person to be transferred is a legal resident is in excess, unless the officer making the requisition therefor shall certify that the conditions of gcod administration in his department or office demand the appointment of the particular person named, setting forth in detail reasons therefor which are satisfactory to the Commission. Approval will be limited to cases where the person sought to be transferred possesses qualifications fitting him for the special requirements of the place, which requirements can not be met by the ordinary methods of promotion or appointment.

REGULATION IV.

In parts of the service in which substitutes are employed, the six months' actual service required by clause 2 of Rule X before transfer will be construed as not permitting transfer until six months' service has been rendered after promotion from the substitute roll to the regular roll.

REGULATION V.

The transfer and promotion rules, and the regulations made thereunder, will be construed together, and if a proposed transfer involves a promotion the requirement of the promotion rule and regulations must also be observed. A transfer and promotion from a nonapportioned position below the grade of clerk to an apportioned position in a grade equal to the grade of clerk shall not be made upon noncompetitive examination, but only where the person nominated therefor is eligible for promotion

to a similar position in the Department where he is serving under regulations governing promotion from the subclerical to the clerical grades.

REGULATION VI.

(1) The following transfers, where not affected by the limitations of Rule X or XI, may be made without certificate: (a) Transfers within a Department or office. (b) Transfers between mechanical or trades positions of the same kind in the different field services under the same Executive Department. (c) Transfers from mechanical or trades positions of the same kind under the Superintendent of the State, War, and Navy Department building to similar positions under the Secretaries of State, War, and the Navy, and vice versa.

(2) The following transfers may only be made upon certificate, subject to the conditions stated: (a) Transfers between different Departments, offices, or branches of the service, including transfers from the nonapportioned to the apportioned service of the same Department, subject to the provisions relative to actual service, examination, duties, age, and apportionment. (b) Transfers between post-offices subject to the provisions relative to actual service. (c) Transfers from one to another of the following: Post-Office Service, Railway Mail Service, Sea Post Service, Post-Office Inspection Service, Rural Free-Delivery Service, subject to such of the provisions relative to actual service, examination, duties, age, and apportionment as may apply to any case. (d) Transfers between the field services under the same Department, except employees in mechanical or trades positions, subject to the provisions relative to actual service, examination, and duties.

REGULATION VII.

In the Indian Service: (a) Physicians, school superintendents, assistant superintendents, supervisors of schools, day-school inspectors, school teachers, assistant teachers, teachers of industries, disciplinarians, and kindergarten teachers will be treated as eligible for transfer to clerical positions and to the position of storekeeper without examination. (b) Persons in other positions in the Indian Service which are subject to educational examinations may be transferred to the clerical positions named upon passing the clerk examination. Persons proposed for transfer under this regulation must have served a probationary period of six months before they can be accepted as eligible for examination for transfer. (c) A statement approved by the Secretary of the Interior that a classified employee in the Indian Service is qualified for the duties of a given noneducational position therein, to which transfer is proposed, will be accepted as an examination in lieu of the statements of vouchers heretofore required.

REGULATION VIII.

Where a person nominated for transfer has previous to the date of the requisition therefor passed the examination required for the position to which transfer is proposed, or an examination or other tests which the Commission shall deem equivalent thereto, the Commission may in its discretion waive further examination; and the restriction in clause 2 of Rule X in regard to "the performance of the same class of work," etc., shall not be so construed as to prevent the transfer of a person who has been appointed from a register from which, in accordance with section 1 of Rule VIII, he would have been in turn to be certified for appointment to the position to which transfer is proposed.

REGULATION IX.

When a requisition has been made under section 1 of Rule VIII for a certification of eligibles and the Commission has either certified eligibles or made public announce

ment of a special examination to secure such eligibles, the vacancy shall not thereafter be filled by transfer or reinstatement without the consent of the Commission.

REGULATION X.

No reinstatement shall be made of any person who is a legal resident of a State which at the time has received at least one hundred per cent of the appointments to which it is entitled under the provisions regulating apportionment, except in case of persons entitled to preference under section 1754, R. S.

JOHN R. PROCTER, President.

CLASSIFICATIONS OF TEMPORARY APPOINTEES.

The following statement enumerates and explains all permanent appointments in the classified service from January 20, 1899, to June 30, 1902, of persons temporarily employed in classified and unclassified positions:

The first provision permitting permanent appointment of temporary employees was contained in the following special rule of the President, which was promulgated on January 20, 1899, and rescinded on. May 29, 1899:

Persons appointed temporarily under the provisions of Rule VIII, clause 12, of the civil-service rules, in the Navy Department, may be treated as absolutely in the classified civil service under the following conditions:

1. That such persons entered on duty prior to September 15, 1898, and have been continuously in the service.

2. That the services of such persons have proved satisfactory to their immediate superiors, who shall certify that they can not be dispensed with without detriment to the public interests.

3. That such persons shall have attained an efficiency record of 75 for the six months ended December 31, 1898, under the provisions of the Navy Departmental Order No. 13, adopted by the Commission July 29, 1896.

4. Such persons shall not be eligible for transfer to positions in the departments at Washington except after service of six months and under the conditions prescribed in Civil-Service Rule X, and upon a statement by the head of the department requesting the transfer that the conditions of good administration demand the appointment of the person nominated because of some special requirement of the place or qualifications of the person for the place which can not otherwise be reasonably met.

Every absolute appointment under this rule shall be reported to the Civil Service Commission in the usual monthly reports of the Department.

The total number thus appointed was 134.

The second provision for the permanent appointment of temporary employees was embraced in the revision of the civil-service rules of May 29, 1899, being section 15 (later section 17) of Rule VIII:

All persons serving under temporary appointments at the date of the approval of this section may be permanently appointed, in the discretion of the proper appointing officers; and the special rule, approved January 20, 1899, relative to temporary appointments in the Navy Department, is hereby rescinded."

The total number of appointments under this provision is 1,107.

The third provision for the permanent appointment of temporary employees was also contained in a special rule, promulgated on May 24, 1900, relating to the Navy Department, and was as follows:

Enlisted yeomen now on duty in the Bureau of Navigation and the Bureau of Medicine and Surgery, Navy Department, may be transferred and appointed, without examination, as civilian employees in said bureaus in grades no higher than that of copyist, according to the character of work which they are now performing.

9729-02-7

This special rule resulted from a request contained in a letter from the Secretary of the Navy to the Civil Service Commission, under date of May 14, 1900, in which the following explanation of the necessity for such a rule was made:

The detail of enlisted men to the bureaus of Navigation and Medicine and Surgery was the result of increased work in said bureaus incident to the Spanish-American war. The amount of work in the two bureaus, however, has not decreased to such an extent since the close of the war that the services of these yeomen can be dispensed with. As it is against the policy of the Department to detail yeomen to shore stations, except in a war emergency, Congress was requested to make provision for additional civilian positions to which these yeomen could be transferred. They have become proficient in their duties, and could not be replaced by a like number of new appointees, who would of necessity lack experience in the work of the bureaus in question, without serious detriment to the Department's interests.

The total number thus appointed was 26.

The fourth class of temporary employees, known as Spanish-American war emergency employees, was classified by section 3 of the legislative, executive, and judicial appropriation act for the year ending June 30, 1903, approved April 28, 1902, which is as follows:

That the additional clerks on the temporary rolls, and other employees rendered necessary because of increased work incident to the war with Spain, and under the act of June 13, 1898, providing for war expenditures, and for other purposes, heretofore appointed, and who are now employed in the several departments of the Government, are hereby transferred to the classified service as of their present grade or rate of compensation, respectively, and shall be continued in the several departments where now employed without further examination, subject, however, to transfer, promotion, or removal, the same as other clerks and employees in the classified service.

The total number of employees thus classified was 850.

This class of temporary employees was created by Congress at the beginning of the Spanish-American war, and was continued by successive appropriations, to meet the increase of work incident to that war. Congress specifically stated that they should be appointed without compliance with the provisions of the civil-service act, and declared that temporary employees should not be appointed in the War Department by transfer from the classified service. The legislation creating and continuing this class of employees is given in full:

WAR DEPARTMENT.

For the temporary employment of such additional force of clerks, messengers, .aborers, and other assistants as, in the judgment of the Secretary of War, may be proper and necessary to the prompt, efficient, and accurate dispatch of official business in the War Department and its bureaus, to be allotted by the Secretary of War to such bureaus and offices as the exigencies of the existing situation may demand, $50,000.—(Chapter 368, act making appropriations to supply deficiencies in the appropriations for the payment of pensions and for other objects for the fiscal year 1898, and for other purposes, approved May 31, 1898.)

TREASURY DEPARTMENT.

For the following clerks in the office of the Auditor for the War Department and in the office of the Auditor for the Navy Department, for a period not exceeding from the date of the approval of this act until and including March 31, 1899, namely:

Office of Auditor for the War Department: For 8 clerks of class 4; 17 clerks of class 3; 10 clerks of class 2; and 30 clerks of class 1; in all, $78,766.32, or so much thereof as may be necessary.

Office of Auditor for the Navy Department: For 2 clerks of class 3; 3 clerks of class 2; 4 clerks of class 1; 6 clerks, at the rate of $1,000 per annum each; 4 clerks, at the rate of $900 per annum each; in all, $18,745.72, or so much thereof as may be necessary.-(Same act as above.)