service pertaining to their respective departments not before classified for examination. required for ap war veterans un SEC. 7. That after the expiration of six months from, Examination the of this act no officer or clerk shall be ap-promotion. pointment and passage pointed, and no person shall be employed to enter or be promoted in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules, until be 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 to 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 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.) Section 9 of the civil-service act also applies to reinstatements. (Minute of commission, Dec. 9, 1908.) "Section 9 of the civil service act * * * applies to temporary as well as permanent appointments.' (Minute of commission, July 9, 1909.) Exclusions. beverages. Members of a family. pointments whether made through certification from the commission's registers or made outside of the registers." (Minute of commission, Mar. 25, 1912.) In view of the impracticability, on account of the manner in which the appointments are made, of fully applying to excepted positions the provisions of section 9 of the civil-service act forbidding the appointment of more than two members of a family in the grades covered by the civil-service act, and in view of an opinion rendered by the Attorney General June 23, 1913, that section 6 of the act of August 24, 1912, requiring reasons to be stated in writing and an opportunity given for reply before removal from the "classified civil service,' ," does not apply to excepted positions, the term "classified civil service" in such legislation being used in the more popular sense of competitive service, the commission hereby holds that appointments to excepted positions are not subject to the restrictions of said section 9 of the civil-service act. The contrary holding in minute 4 of November 26, 1910, and such part of minute 3 of tion by Members of Congress. March 28, 1913, as is inconsistent with Recommenda- SEC. 10. That no recommendation of any person who shall apply for office or place under the provisions of this 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. Political assessments and contri butions. SEC. 11. That no Senator, or Representative, or Territorial Delegate of the Congress, or Senator, Representative, or Delegate elect, or any officer or employee of either of said Houses, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch, or bureau of the executive, judicial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. This section is now embodied in section 118, Criminal Code (35 Stat., 1110), in effect January 1, 1910. "An act prohibiting Government employees and officers from requesting or receiving money from other officers or employees for political purposes is not unconstitutional, as abridging the right of a citizen to aid in promoting such political objects as he deems to be wise and beneficial, since no citizen is required to hold a public office," and if unwilling to do so on such conditions as are prescribed, it is his duty to resign. (106 U. S. 371, in re Curtis.) The sending of a circular letter by a political committee to Federal officers and employees soliciting financial aid in congressional or State elections, upon or attached to which appear the names of Federal officers or employees, is a violation of section 11 of the civil-service act, which declares that no officer or employee of the Government shall be in any manner concerned in soliciting or receiving any assessment or contribution for any political purpose whatever from any officer or employee of the United States. "Whatever the particular form of words adopted in such circulars, in order to show a request rather than a demand, and to give to responses a quasi voluntary character, the explicit and comprehensive words of the statute * * * condemn all such circula questionably (Opinion Atty. Gen., Oct. 17, 1902, 24 Op., 133. See also brief of commission, Sixteenth Report, 149–154.) "To charge a man with soliciting a contribution from United States officers for a political purpose carries with it by implication a charge that the accused knew the purpose for which the contribution was solicited. The words 'for a political purqualify not only the contribution, but the pose' may reasonably be construed to solicitation. Similarly, to charge that a man received from another his contribution for a political purpose, by implication charges that the reception was for the same purpose as the contribution. Nor was it necessary to set_out the specific averment that the defendant knew that the persons from whom the contributions were received were officers of the United States.' (U. S. v. Scott, Circuit Ct., Ky., Oct. 7, 1895, 74 Fed. Rep., 213.) * * * SEC. 12. That no person shall, in any room or building Solicitation. occupied in the discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navy-yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose whatever. This section is now embodied in section 119, Criminal Code (35 Stat., 1110), in effect January 1, 1910. A solicitation of funds for campaign purposes made by letter in violation of section 12 of the civil-service act of January 16, 1883 (ch. 27, 22 Stat., 403), is not complete until the letter is delivered to the person from whom the contribution is solicited, and if the letter is received by one within a building or room described in section 12 of the act, the solicitation is in that place and the sender of the letter commits the prohibited offense in the prohibited place. (United States v. Thayer, 209 U. S., 39.) A man may sometimes be punished in person where he has brought consequences to pass, although he was not there in person. (In re Palliser, 136 U. S., 257; United States v. Thayer, 209 U. S., 39.) See also opinion in U. S. v. Glick, District Ct., Del., June 4, 1909, not reported, quoted at length in Twenty-sixth Report, p. 159. "To constitute the offense the statute creates it is not necessary that the solici tation be made verbally. The illegal v. Smith, Dist. Ct. M. D. Ala., 1908, 163 "The Government of the United States has supreme and exclusive control over the places designated in section 12 in which solicitation of or procuring aid for political purposes is forbidden. * 66 * * 'Congress had a right to prescribe rules of conduct to be observed not only by officers and employees of the Government who shall occupy these places for the time being, but also by the citizen who may for any purpose be allowed to go into these places.* * * "We hold the indictment to be good and the twelfth section of the act constitutional." (U. S. v. Newton, 23 D. C. App., 230.) or compensation. SEC. 13. No officer or employee of the United States Change of rank mentioned in this act shall discharge, or promote, or degrade, or in any manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose. This section is now embodied in sec- in effect January 1, 1910. tion 120, Criminal Code (35 Stat., 1110), SEC. 14. That no officer, clerk, or other person in the Gifts for politservice of the United States shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of the House of Representatives, or Territorial Delegate, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever. This section is now embodied in sec- in effect January 1, 1910. tion 121, Criminal Code (35 Stat., 1110), Penalty. SEC. 15. That any person who shall be guilty ofviolating any provision of the four foregoing sections shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the discretion of the court. This section is now embodied in section 122, Criminal Code (35 Stat., 1110), in effect January 1, 1910. Section 335, Criminal Code (35 Stat., Approved, January 16, 1883. 1152), provides that all offenses which may be punished by death or imprisonment for a term exceeding one year shall be deemed felonies. STATUTES AFFECTING LEAVE OF ABSENCE AND HOURS OF LABOR. in executive de SEC. 7. * * * Hereafter it shall be the duty of the Hours of labor heads of the several executive departments, in the interest partments. of the public 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 provided public holidays by law or Executive 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 fur- Annual leave. ther, That the head of any department may grant thirty days' annual leave with pay in any one year to each clerk or employee: And provided further, That where some mem-t ber of the immediate family of a clerk or employee is afflicted with a contagious disease and requires the care and attendance of such employee, or where his or her presence in the department 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 discre- Limit with pay. tion of the head of the department, with pay,not exceeding thirty days in any one case or in any one calendar year. This section shall not be construed to mean that so long as a clerk or employee is borne upon the rolls of the 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. (30 Stat., 316, Mar. 15, 1898.) Extensions for Pay to stop after granted leave. bers of National Guard. SEC. 49. That all officers and employees of the United Leave of memStates and of the District of Columbia who are members of the National Guard shall be entitled to leave of absence from their respective duties, without loss of pay or time, on all days of any parade or encampment ordered. or authorized under the provisions of this act. (25 Stat., 772, Mar. 1, 1889.) 43 |