Page images
PDF
EPUB

47. Same-For performing duty of another.-No allowance or compensation shall be made to any officer or clerk by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department; and no allowance or compensation shall be made for any extra services whatever which any officer or clerk may be required to perform, unless expressly authorized by law. Sec. 1764, R. S.

48. Not less than seven hours-Extension.-Hereafter it shall be the duty of the heads of the several Executive Departments, in the interest 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 declared 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.1 Sec. 7, act of Mar. 15, 1898 (30 Stat. 316).

49. Extension if work is in arrears.-Hereafter it shall be the duty of the head of each Executive Department to require monthly reports to be 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. Id.

50. Annual and sick.-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 member 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 discretion 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

'This requirement has been held by the Comptroller of the Treasury not to apply to laborers and mechanics whose compensation is not fixed by law or regulations. (IV Comp. Dec., 578; see, also, Hurlburt v. U. S., 30 Ct. Cls., 16; also 29 Op. Att. Gen., 481.)

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. Sec. 7, Act of Mar. 15, 1898 (30 Stat. 316).

51. Same.-Nothing contained in section seven of the act making appropriations for legislative, executive, and judicial expenses of the Government for the fiscal year eighteen hundred and ninety-nine, approved March fifteenth, eighteen hundred and ninety-eight, shall be construed to prevent the head of any Executive Department from granting thirty days' annual leave with pay in any one year to a clerk or employee, notwithstanding such clerk or employee may have had during such year not exceeding thirty days' leave with pay on account of sickness as provided in said section seven. Act of July 7, 1838 (30 Stat. 653).

52. Same Sundays and holidays.-The thirty days' annual leave of absence with pay in any one year to clerks and employees in the several Executive Departments authorized by existing law shall be exclusive of Sundays and legal holidays. Sec. 4, Act of Feb. 24, 18 (30 Stat. 890).

53. Holidays in District of Columbia.-The following days in each year, namely, the first day of January, commonly called New Year's Day: the twenty-second day of February, known as Washington's Birthday; the Fourth of July; the thirtieth day of May, commonly called Decoration Day; the first Monday in September, known as Labor's Holiday; the twenty-fifth day of December, commonly called Christmas Day; every Saturday, after twelve o'clock noon; any day appointed or recommended by the President of the United States as a day of public fasting or thanksgiving, and the day of the inauguration of the President, in every fourth year, shall be holidays in the District for all purposes. Sec. 1389, Code, District

of Columbia.

54. Holidays with pay-Per diem employees.-The employees of the navy-yard, Government Printing Office, Bureau of Printing and Engraving, and all other per diem employees of the Government on duty at Washington, or elsewhere in the United States, shall be allowed the following holidays, to wit: The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, and such days as may be designated by the President as days for national thanksgiving, and shall receive

der the above provision it is discretionary with the heads of the several Etive Departments to grant or refuse leave of absence, and their acts can lene is subject to such conditions and limitations as may be imposed. (HurlMarte U. 8., 30 Ct. Cls., 16.) The word "meritorious" as used above is surpusage: the word "exceptional" in the same statute raises a question of fact apon which the Attorney-General can not advise. (XX Opin. Att. Gen., 716.)

the same pay as on other days. Joint Res. No. 5, Jan. 6, 1885 (23 Stat. 516.)

[ocr errors]

(In the act of January 6, 1895, which provides that "the employees of the navy-yard, Government Printing Office, Bureau of Engraving and Printing, and all other per diem employees shall be allowed pay for legal holidays, the provision "all other per diem employees" is to be restricted to employees whose employment is similarly permanent or continuous. (IV Comp. Dec., 499.))

55. The same-Decoration Day.-All per diem employees of the Government, on duty at Washington or elsewhere in the United States, shall be allowed the day of each year which is celebrated as "Memorial" or "Decoration Day" and the fourth of July of each year, as holiday, and shall receive the same pay as on other days. Joint Res. No. 6, Feb. 23, 1887 (24 Stat. 644).

56. Same-Labor Day.-The first Monday of September in each year, being the day celebrated and known as Labor's Holiday, is hereby made a legal public holiday, to all intents and purposes, in the same manner as Christmas, the first day of January, the twentysecond day of February, the thirtieth day of May, and the fourth day of July are now made by law public holidays. Act of June 28, 1894 (28 Stat. 96).

(For a requirement in respect to the exclusion of Sundays and legal holidays in the reckoning of annual leaves of absence, see section 4, act of February 24, 1899 (30 Stat. 890), paragraph 52, ante.)

57. Oaths of office-Without compensation.-The chief clerks of the several Executive Departments and of the various bureaus and offices thereof in Washington, District of Columbia, are hereby authorized and directed, on application and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion. Act of Aug. 29, 1890 (26 Stat. 371).

58. Same. No officer, clerk, or employee of any Executive Department who is also a notary public or other officer authorized to administer oaths shall charge or receive any fee or compensation for administering oaths of office to employees of such Department required to be taken on appointment or promotion therein. Act of Aug. 29, 1890 (26 Stat. 371).

59. Oaths of office.-Section seventeen hundred and fifty-six of the Revised Statutes is hereby repealed, and hereafter the oath to be taken by any person elected or appointed to any office of honor or profit either in the civil, military, or naval service, except the President of the United States, shall be as prescribed in section seventeen hundred and fifty-seven of the Revised Statutes. But this repeal shall not affect the oaths prescribed by existing statutes in relation to the performance of duties in special or particular sub

ordinate offices and employments. Sec. 2, Act of May 13 1884 (23 Stat. 22).

(Paragraph 60 post.)

60. Same-Whenever any person

is elected or appointed

to any office of honor or trust under the Government of the United States, ⚫he shall, before entering upon the duties of his fe, take and subscribe in lieu of that oath the following oath:1 "I. A. B., do solemnly swear (or affirm) that I will support and ded the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same: that I take this obligation freely, without any mental ervation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to etter. So help me God. Sec. 1757, R. S., as amended by the Act of June 6, 1898 (30 Stat. 432).

61. Sime.-The oath of office taken by any person pursuant to the requirements of section seventeen hundred and fifty-six, or of secto seventeen hundred and fifty-seven, shall be delivered in by him to be preserved among the files of the House of Congress, Departet, or court to which the office in respect to which the oath is made may appertain. Sec. 1759, R. S.

180 176 R. S., was repealed by the act of May 13, 1884 (23 Stat. 22)). 62. Who may administer oath.-The oath of office required by the Fling section may be taken before any officer who is authorized eer by the laws of the United States, or by the local municipal

[ocr errors]

The disabilities to hold office under the United States imposed under the ty ecferred by section 3 of the fourteenth amendment to the Constitu**1wch were embodied in section 1218 of the Revised Statutes, as modi

acts of May 13, 184 (23 Stat. 21), and March 31, 1896 (29 Stat. 84),

*** the set of June 6, 1898, finally and entirely removed.

T

[ocr errors][ocr errors]
[ocr errors]

dition of office see U. S. v. Germaine, 99 U. S., 508, and Mouat v.
48.33. See, also, note 1 to paragraph 4, ante. Clerks appointed by
of an Executive Department are officers, and are required by the
(1 Comp. Dec., 4.) An employee whose

¤ to take the oath of office.

is fixed by the head of an Executive Department is not required **** * **w oath of office when his compensation is increased. (Id., 267.) ya change is made in the compensation of an office, and in the wch such compensation shall be ascertained, the incumbent thereof from the date of the act to the compensation so fixed and is not ted to take a new oath of office. (Id., 313.)

[ocr errors]
[ocr errors]

eat of February 14, 1889 (25 Stat. 670), S. was appointed from
The position of major of engineers in the Army, and thereupon was
the retired list of the Army as of that grade; advised, that he must
it required by section 1756 of the Revised Statutes, and that this
1 te in law a legal acceptance of the office, and, as such, a sufficient
attance, (XIX Opin. Att. Gen., 283.)

&117, Revised Statutes, and the act of May 13, 1884 (23 Stat. 22), which
lly that an officer shall take the oath of office prescribed "before
the duties of his office" are directory only (U. S. r. Eaton, 169
and a deputy clerk of a United States court whose acceptance of
e day he was appointed was evidenced by his entrance upon

y al who subsequently took the oath, is entitled to compensation from that

(4 Comp. Dec., 496.)

1

law, to administer oaths, in the State, Territory, or district where such oath may be administered. Sec. 1758, R. S.

63. Administration of oaths.-In all cases in which under the laws of the United States oaths or acknowledgments may now be taken or made before any justice of the peace of any State or Territory, or in the District of Columbia, they may hereafter be also taken or made by or before any notary public duly appointed in any State, district, or Territory, or any of the commissioners of the circuit courts, and when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace. Sec. 1778, R. S.

64. Oaths in investigations.-Any officer or clerk of any of the departments lawfully detailed to investigate frauds on, or attempts to defraud, the Government, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army, Navy, Marine Corps or Revenue-Cutter Service detailed to conduct an investigation, and the recorder, and if there be none the presiding officer, of any military, naval, or Revenue-Cutter Service board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation. Sec. 183, R. S., as amended by the Act of Feb. 13, 1911 (36 Stat. 898).

65. Oaths to travel accounts.-After June thirtieth, nineteen hundred and twelve, postmasters, assistant postmasters, collectors of customs, collectors of internal revenue, chief clerks of the various executive departments and bureaus, or clerks designated by them for the purpose, the superintendent, the acting superintendent, custodian, and principal clerks of the various national parks and other Government reservations, superintendent, acting superintendents, and principal clerks of the different Indian superintendencies or Indian agencies, and chiefs of field parties, are required, empowered, and authorized, when requested, to administer oaths, required by law or otherwise, to accounts for travel or other expenses against the United States, with like force and effect as officers having a seal; for such services when so rendered, or when rendered on demand after said date by notaries public, who at the time are also salaried officers or employees of the United States, no charge shall be made; and on and after July first, nineteen hundred and twelve, no fee or money paid for the services herein described shall be paid or reimbursed by the United States. Sec. 8, Act of Aug. 24, 1912 (37 Stat. 487).

66. Pay during disability-Limit.-When, on or after August first, nineteen hundred and eight, any person employed by the United States as an artisan or laborer in any of its manufacturing establishments, arsenals, or navy-yards, or in the construction of river

« PreviousContinue »