officers in the Departments, to discharge their respective duties; and shall, on behalf of the United States, procure the proper evidence for, and conduct, prosecute, or defend all suits and proceedings in the Supreme Court and in the Court of Claims, in which the United States, or any officer thereof, as such officer, is a party or may be interested; and no fees shall be allowed or paid to any other attorney or counselor at law for any service herein required of the officers of the Department of Justice, except in the cases provided by section three hundred and sixty-three. sel to aid district attorneys. Aug. 2, 1861. s. 2, v. 12, p. 285; Mar. 3, 1869, s. 1, SEC. 363. The Attorney-General shall, whenever in his Retaining coun opinion the public interest requires it, employ and retain, in the name of the United States, such attorneys and counselors at law as he may think necessary to assist the district attorneys in the discharge of their duties, and shall v. 15, p. 294; Apr. stipulate with such assistant attorneys and counsel the 46: June 22, 1870, amount of compensation, and shall have supervision of. 16, v. 16, p. 164. their conduct and proceedings. V. 10, 1869, v. 16, p. counsel. See sec. 187, SEC. 364. Whenever the head of a Department or Bureau Attendance of gives the Attorney-General due notice that the interests of Feb. 14, 1871, s. the United States require the service of counsel upon the 3, v. 16, p. 412., examination of witnesses touching any claim, or upon the Claims, p. 00. legal investigation of any claim, pending in such Department or Bureau, the Attorney-General shall provide for such service. Sec. ATTORNEYS AND AGENTS OF GOVERNMENT. 187. Professional assistance. 189. Employment of attorneys or counsel. 1550. Agents to disburse money abroad. Sec. 1783. Persons interested not to act as Title 4. obtained. See sec. 184, SEC. 187. Whenever any head of a Department or Bureau having made application pursuant to section one Professional hundred and eighty-four, for a subpoena to procure the assistance; how attendance of a witness to be examined, is of opinion that Feb. 14, 1871, s. the interests of the United States require the attendance 3, v. 16, p. 412. of counsel at the examination, or require legal investiga- Claims. tion of any claim pending in his Department or Bureau, he shall give notice thereof to the Attorney-General, and of all facts necessary to enable the Attorney-General to furnish proper professional service in attending such examination, or making such investigation, and it shall be the duty of the Attorney General to provide for such service. SEC. 189. No head of a Department shall employ attorneys or counsel at the expense of the United States; but when in need of counsel or advice, shall call upon the Department of Justice, the officers of which shall attend to the same. Employment counsel. of attorneys or June 22, 1870, 8. 17, v. 16, p. 164. 365, AttorneyGeneral. Appointment burse money on of persons to dis SEC. 1550. No person shall be employed or continued Title 15, chap.7. abroad, to receive and pay money for the use of the naval service on foreign stations, whether under contract or otherwise, who has not been, or shall not be, appointed by and with the advice and consent of the Senate. foreign stations. June 17, 1844, s. 4, v. 5, p. 703. Title 19. Mar. 2, 1863, s. 8, v. 12, p. 698. SEC. 1783. No officer or agent of any banking or other Persons inter commercial corporation, and no member of any mercantile ested not to act or trading firm, or person directly or indirectly interested Government. in the pecuniary profits or contracts of such corporation or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation or firm; and every such officer, agent, or member, or person, so interested, who so acts, shall be imprisoned not more than two years, and fined not more than two thousand dollars nor less than five hundred dollars. See note 2. Title 40. Bond of special agents. SEC. 3614. Whenever it becomes necessary for the head of any Department or office to employ special agents, other than officers of the Army or Navy, who may be charged Aug. 4, 1854, 8. with the disbursement of public moneys, such agents shall, before entering upon duty, give bond in such form and with such security as the head of the Department or office employing them may approve. 14, v. 10, p. 573. See note 1. See same sec., Title Disbursing Officers. Title 4. Sec. CIVIL SERVICE-THE EXECUTIVE DEPARTMENTS. Sec. Duties of. Rules for civil-service act. Places of meeting; boards of examiners. Corruptly defeating objects of the commission. Revision and classification of clerks. Persons subject to, and exempt from, the rules. Habitual use of intoxicating beverages a bar against appointment to civil office. Recommendations of Congressmen not to be received except, etc. 1754. Preference to disabled soldiers, etc. 1755. Honorably discharged soldiers, etc., commended to bankers, etc. Act Aug. 15, 1876. In reducing force, preference to honorably discharged soldiers, etc., for. SEC. 163. The clerks in the Departments shall be arranged Classification in four classes, distinguished as the first, second, third, and of Department fourth classes. clerks. Mar. 3, 1853, 8. 3, v. 10, p. 209; Mar. 3, 1855, s.4, v. 10, p. 669. Clerkships open to women. SEC. 165. Women may, in the discretion of the head of any Department, be appointed to any of the clerkships Note 1.-No allowance can be made for any commission or inquiry, except mili tary or naval, until special appropriations are made by Congress for the purpose. (Op., IV, 106, Oct. 25, 1842, Legare.) An Executive Department being charged with the duty of seeing that the laws are faithfully executed, has authority to appoint commissioners or agents to make nvestigations required by acts or resolutions of Congress, but it can not pay them except from an appropriation for that purpose. (Op., IV, 248, Nelson, Sept. 21, 1843.) An authority of a special agent appointed to do a particular act must be limited to that act and to such acts as are necessary to the performance of it. (Op., X1, 521.) The Government is not bound by the act or declaration of its agent unless it manifestly appears that he acted within the scope of his authority, or was employed in his capacity as a public agent to do the act or make the declaration for it. (Otto, 93, p. 247. See C. C., II, 599; IV, 401, and VII, 65, and Wallace, VII, 666, as to the power of agents.) Held by the First Comptroller, that a chief engineer of the Navy, appointed superintendent of the State, War, and Navy Department building, under the legislative appropriation act approved March 3, 1893, should give a bond, as his duties as such were in no way connected with the Navy and his disbursements would be of civil appropriations. See Title, Navy Department. (State, War and Navy Building.) Note 2.-The employment of any officer of the Navy or Marine Corps by any person or corporation furnishing naval supplies or war material to the Government is declared to be unlawful by act of June 10, 1896. (29 Stats. L., 361.) therein authorized by law, upon the same requisites and, July 12, 1870, s. 2, v. 16, pp. 230conditions, and with the same compensations, as are pre-250. scribed for men. 477. "SEC. 166. Each head of a Department may, from time May 25, 1896. to time, alter the distribution among the various bureaus 29 Stat. L., 138. and offices of his Department, of the clerks and other Supp. vol. 2, p. employees allowed by law, except such clerks or employees Substitute for as may be required by law to be exclusively engaged upon Executive De some specific work, as he may find it necessary and proper partments. to do, but all details hereunder shall be made by written order of the head of the Department, R. S., § 166. Temporary detail of clerks. --to be by written order. and in no case be for a period of time exceeu.ng one hun-limited to 120 dred and twenty days. days. -may be re Provided, That details so made may, on expiration, be renewed from time to time by written order of the head of newed. 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. 167. The annual salaries of clerks and employés in the Departments, whose compensation is not otherwise prescribed, shall be as follows: First. To clerks of the fourth class, eighteen dollars. Second. To clerks of the third class, sixteen dollars. hundred hundred Third. To clerks of the second class, fourteen hundred dollars. Fourth. To clerks of the first class, twelve hundred dollars. Fifth. To the women employed in duties of a clerical character, subordinate to those assigned to clerks of the first class, including copyists and counters, or temporarily employed to perform the duties of a clerk, nine hundred dollars. Sixth. To messengers, eight hundred and forty dollars. Seventh. To assistant messengers, seven hundred and twenty dollars. Eighth. To laborers, seven hundred and twenty dollars. [$660, by legislative act March 3, 1883, except otherwise specially appropriated for.] Salaries of persons employed in the Departments. Mar. 3, 1853, 8.3, v. 10, pp. 209, 210; Apr. 22, 1854, 8.1, v.10, p. 276; Aug. 18, 1856, res. 18, v. 11 p. 145; July 23, 1866, s. 6, v. 14, p. 207; July 12, 1870, s. 3. v. 16, Pp. 230, 250. Temporary clerks. Apr. 22, 1854, 8. Ninth. To watchmen, seven hundred and twenty dollars. SEC. 168. Except when a different compensation is expressly prescribed by law, any clerk temporarily employed to perform the same or similar duties with those belonging 1, v. 10, p. 276. to clerks of either class, is entitled to the same salary as is allowed to clerks of that class. See note 1. em SEC. 169. Each head of a Department is authorized to Authority to employ clerks employ in his Department such number of clerks of the and other several classes recognized by law, and such messengers, ployees. assistant messengers, copyists, watchmen, laborers, and 1882. Note 1.-A clerk with a fixed salary is bound to perform the duties of the office for the salary. If the work of the office be increased, requiring his services beyond the established or customary hours, he can not, if the increased labor pertains to the business of the office, receive additional compensation. (C. C., XVII, 383.) See act Aug. 5, Aug. 15, 1876. Restriction. Aug. 15, 1876, 5, v. 19, p. 196. See note 2. 8. other employés, and at such rates of compensation, respectively, as may be appropriated for by Congress from year to year. That the executive officers of the Government are hereby prohibited from employing any clerk, agent, engineer, draughtsman, messenger, watchmen, laborer, or other employé, in any of the Executive Departments in the city of Washington, or elsewhere, beyond provision made by law. SEC. 170. No money shall be paid to any clerk employed Extra compen in either Department at an annual salary, as compensation sation to clerks for extra services, unless expressly authorized by law. See Aug. 5, 1882. Title 4. prohibited. Mar. 3, 1863, s. 3, v. 10, pp. 209, 211; June 17, 1844, s. 1, v. 5, pp. 681,687; Feb. 28, 1867, res. 30, s. 2, v. 14, p. 569. Seo sec. 170, Extra Pay, Title, Pay and Allowances, Division 1. See note 3. Aug. 5, 1882. Restriction on of clerks, etc. That no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchmau, laborer, number and pay or other employé shall after the first day of October next be employed in any of the Executive Departments, or subordinate Bureaus or offices thereof at the seat of Government, except only at such rates and in such numbers, respectively, as may be specifically appropriated for by Congress for such clerical and other personal services for each fiscal year. from contingent Ibid. Civil employ No civil officer, clerk, draughtsman, copyist, messenger, ees not to be paid assistant messenger, mechanic, watchman, laborer, or other appropriations. employé shall hereafter be employed at the seat of Government in any Executive Department or subordinate Bureau or office thereof or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in Unauthorized connection with and for the purposes of the appropriation rates of pay for from which payment is made, and at the rate of compensation usual and proper for such services. bidden. After the first day of October next section one hundred and seventy-two of the Revised Statutes, and all other laws and parts of laws inconsistent with the provisions of this act, and all laws and parts of laws authorizing the employment of officers, clerks, draughtsmen, copyists, messengers, assistant messengers, mechanics, watchmen, laborers, or other employés at a different rate of pay or in excess of the numbers authorized by appropriations made by Congress, be, and they are hereby, repealed; and thereafter all Note 2.-In the absence of constitutional restriction, the future compensation of a public officer may be altered at pleasure by the legislature during his incumbency, without violating any legal right vested in him by virtue of his appointment. (Op., XV, 317, Devens, June 18, 1877.) Note 3.-Where the service is one required by law and compensation is fixed by competent authority and is appropriated, an officer who under due authorization performs the service is entitled to the compensation. (Op., XV, 608.) be made from of Columbia for details of civil officers, clerks, or other subordinate em- Details not to ployés from places outside of the District of Columbia for outside District duty within the District of Columbia, except temporary duty therein. details for duty connected with their respective offices, be, and are hereby, prohibited; and thereafter all moneys ac- Lapsed salacruing from lapsed salaries, or from unused appropriations id. for salaries, shall be covered into the Treasury. ries. See note 4. Title 19. sions to the civil 9, v. 16, p. 514. SEC. 1753. The President is authorized to prescribe such regulations for the admission of persons into the civil serv- President to ice of the United States as may best promote the efficiency regulate admisthereof, and ascertain the fitness of each candidate in service. respect to age, health, character, knowledge, and ability, Mar. 3, 1871, s. for the branch of service into which he seeks to enter; and for this purpose he may employ suitable persons to conduct such inquiries, and may prescribe their duties, and establish regulations for the conduct of persons who may receive appointments in the civil service. 22 Stat. L., 403. Appointment of Civil Service The President is authorized to appoint, by and with the Jan. 16, 1883. advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as Civil Service Commissioners, and said three commissioners Commissioners. shall constitute the United States Civil Service Commission. Said commissioners shall hold no other official place under the United States. The President may remove any commissioner; and any vacancy in the position of commissioner shall be so filled by the President, by and with the advice and consent of the Senate, as to conform to said conditions for the first selection of commissioners. The commissioners shall each receive a salary of three Salary and exthousand five hundred dollars a year. And each of said penses. commissioners shall be paid his necessary traveling expenses incurred in the discharge of his duty as a commissioner. commissioners. SEC. 2. That it shall be the duty of said commissioners: Duty of the FIRST. To aid the President, as he may request, in preparing suitable rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the Departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect. SECOND. And, among other things, said rules shall provide and declare, as nearly as the conditions of good administration will warrant, as follows: First, for open, competitive examinations for testing the fitness of applicants for the public service now classified or Note 4.-Civil officers are usually divided into three classes: political, judicial. and ministerial. But persons actually and properly employed in the Executive Departments or in Bureaus or Divisions thereof, by an officer charged with that duty and authorized by law to fix their compensation, are persons in the civil service. (Wallace, XIII, 588; C. C., VII, 290.) Laborers, mechanics, machinists, etc., in navy-yards, employees within the meaning of the 20 per cent acts. note engravers by the piece are not. (Wallace, XX, 179; paid by the day, are civil Rules for civil service act. |