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curred in the line of duty, shall be preferred for appointments to civil offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices.
Not repealed by the civil-service act. (o 7, act Jan. 16, 1883. (22 Stat., 403.)
Transfer of duties and preference of soldiers' and sailors' widows.
SEC. 3. Act of August 15, 1876. (19 Stat., 169.) That whenever, in the judgment of the head of any department, the duties assigned to a clerk of one class can 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: Provided, That in making any reduction of force in any of the executive departments, the head of such department shall retain those persons who may be equally qualified who have been honorably dis. charged from the military or naval service of the United States, and the widows and orphans of deceased soldiers and sailors.
Employees to be paid from specific appropriations only -Civil officers, clerks, etc., elsewhere em
ployed not to be detailed for duty in the District of Columbia. [Extract from legislative, executive, and judicial appropriation act, approved August
5, 1882. (22 Stat., 255.)] SEC. 4. That no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee sball 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; and no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer or other employee shall hereafter be em ployed 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 einployment is authorized and payment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services, and 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 employees 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 details of civil officers, clerks, or other subordinate employees from places outside of the District of Columbia for duty within the District of Columbia, except temporary details for duty con. nected with their respective offices, be, and are hereby, prohibited; and thereafter all moneys accruing from lapsed salaries or from unused appropriations for salaries, shall be covered into the Treasury: Provided, That the sums herein specifically appropriated for clerical or other force heretofore paid for out of general or specific appropriations may be used by the several heads of departments to pay such force
until the said several heads of departments shall have adjusted the said force in accordance with the provisions of this act; and such adjustment shall be effected before October first, eighteen hundred and eighty-two. And in making such adjustment the employees herein provided for shall, as far as may be consistent with the interests of the service, be apportioned ainong the several States and Territories according to population: Provided, further, That any person performing duty in any capacity as officer, clerk, or otherwise in any department at the date of the passage of this act, who has heretofore been paid from any appropriation made for contingent expenses or for any contingent or general purpose, and whose office or place is specifically provided for berein, under the direction of the head of that department may be continued in such office, clerkship, or employment without a new appointment thereto, but shall be charged to the quotas of the sev. eral States and Territories from which they are respectively appointed and nothing herein shall be construed to repeal or modify section one hundred and sixty-six of the Revised Statutes of the United States.
Sec. 166, R. S., amended by sec. 3, act of May 28, 1896 (29 Stat., 179), allowing temporary detail of clerks,
It is provided in the same act (22 Stat., 230) that nothing in this section shall be construed to prevent the Commissioner of Internal Revenue from detailing one revenue agent for duty in his office.
Clerks can not be detailed to examine collectors' offices. (Collins' case, 3 Lawrence Dec., 241; 29 Int. Rev. Rec., 43.)
When Congress appropriates a sum "in full compensation" of the salary of a public officer, the incumbent can not recover an additional sum in the Court of Claims, notwithstanding a prior statute fixes the salary at a larger amount than the sum so appropriated. (United States v. Fisher, 109 U. S., 143.)
No salary for office not authorized. SEC. 1760. No money shall be paid from the Treasury to any person acting or assuming to act as an officer, civil, military, or naval, as salary in any office when the office is not authorized by some previously existing law, unless such office is subsequently sauctioned by law.
Officers prohibited from accepting servicos where there has been no appropriation made. [SEC. 1760a.] Act of May 1, 1884. (23 Stat., 17.) Urgent deficiency appropriation act.
* And hereafter no Department or officer of the United States shall accept voluntary service for the Government, or employ personal service in excess of that authorized by law except in cases of sudden emergency involving the loss of human life or the destruction of property.
Public holidays. SEC. 993. Revised Statutes relating to District of Columbia. The following days, namely: The first day of January, commonly called New Year's day; the fourth day of July; the twenty-fifth day of December, commonly called Christmas day; and any day appointed or recommended by the President of the United States as a day of public fast or thanksgiving, shall be holidays within the District.
The 22d of February made a holiday. (Act of January 31, 1879. (20 Stat.,
Inauguration Day made a holiday. (Act of June 18, 1888. (25 Stat., 185.)
The first Monday in September (Labor's Holiday) made a holiday. (Act of
Legal holidays falling on Sunday the next day shall be a holiday. (Act of
As to ministerial acts performed on Sunday and holidays, see In re Worth-
Per diem employees of the Government to receive pay for certain holidays.
Joint resolution of January 6, 1885 (23 Stat., 516). Resolved, etc., That 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 the same pay as on other days.
Joint resolution of February 23, 1887 (24 Stat., 644). Resolved, etc., That 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. Double salaries-Compensation for extra services-Extra allowances—Perquisites, etc.—Prohibition.
SEC. 1763. No person who holds an office, the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars, shall receive compensation for discharging the duties of any other office, unless expressly authorized by law.
Talbot's case (10 Ct. Clms., 426).
The statutes do not prohibit a person from drawing the salaries of two distinct offices which he legitimately holds. (5 Op. Atty. Gen., 765; 6 ibid., 80; 9 ibid., 507; 10 ibid., 446; 15 ibid., 306; 16 ibid., 7.) Collins v. United States (15 Ct. Člnis., 22).
In construing statutes restraining the Executive from giving full or extra compensation courts have aimed to carry out the legislative intent by giving them sufficient flexibility not to injure the public service and sufficient rigidity to prevent Executive abuse. (Landram v. United States (1880), 16 Ct. Clms., 74; 27 Int. Rev. Rec., 80.)
No person who holds an office the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially heretofore or hereafter specially authorized thereto by law, but this shall not apply to retired officers of the Army or Navy. (See $ 2, act of July
31, 1894. (28 Stat., 205.) SEC. 1764. 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.
Section 170 prohibits payment to Department clerks for extra services unless authorized by law.
An agreement by the Secretary of the Interior to pay a clerk in his Department for services rendered to the Government by labors abroad, the clerk still holding his place and drawing his pay as clerk in the Interior held void. Stansbury v. United States (8 Wall., 33).
See also disbursing clerk's case (5 Lawrence Dec., 401); Wade's case (27 Int. Rev. Rec., 16); Herndon's claim (26 ibid., 314). SEC. 1765. No officer in any branch of the public service, or any other person whose salary, pay, or emoluments are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any
other service or duty whatever, unless the same is authorized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or compensation.
The construction which has been given to these statutes ($ 1763, 1764, 1765) is that the intent and effect of them is to forbid officers holding one office to receive compensation for the discharge of duties belonging to another, or additional pay, extra allowance, or compensation for such other services or duties where they hold the commission of but a single office, and by virtue of that office, or in addition to the duties of that office, have assigned to them the duties of another office. According to the decisions, however, if an officer holds two distinct commissions, and thus two distinct offices, he may receive the salary for each. Converse v. United States, leading case on questions of additional compensation (21 Howard, 463; 15 Op. Atty. Gen., 308, 608). United States v. Brindle (110 U. S., 689). Hartson v. United States (21 Ct. Clms., 451; 32 Int. Rev. Rec., 238). In this case the Supreme Court went further than it had gone in any previous decision and held that where a person holds two separate employments, though not technically offices, he is entitled to the compensation of both. Saunders v. United States (120 U. S., 126; 33 Int. Rev. Rec., 63); Collins case (15 Ct. Clms., 22); Whitaker v. United States (27 Ct. Clms.,524; 43 Int. Rev. Rec., 193).
Deputy marshal not an officer," and can be paid for services in assisting the collector in destroying illicit stills. (Brown's case, 28 Int. Rev. Rec., 19.)
Deputy collector not an officer" within the meaning of section 1765. (Landram v. United States, 16 Ct. Clms., 74; 27 Int. Rev. Rec., 80.)
Officers can not charge fee for making out bonds. (43 Int. Rev. Rec., 193.) [SEC. 1765a.) Section 3, act of March 20, 1874 (18 Stat., 109); 1 Sup. R. S., 47). That no civil officer of the Government shall hereafter receive any compensation or perquisites, directly or indirectly, from the Treasury or prop. erty of the United States beyond his salary or compensation allowed by law:
Provided, That this shall not be construed to prevent the employment and payment by the Department of Justice of district attorneys as now allowed by law for the performance of services not covered by their salaries or fees.
This act relates only to “civil officers." It does not extend to the clerk' of a supervisor of internal revenue. (Hedrick v. United States, 16 Ct. Clms., 88.)
Payment of expenses of clerks, officers, etc., sent away as witnesses.
SEC. 850. When any clerk or other officer of the United States is sent away from his place of business as a witness for the Government, his necessary expenses, stated in items and sworn to, in going, returning, and attendance on the court, shall be audited and paid; but no mileage, or other compensation in addition to his salary, shall in any case be allowed.
Expenses can be taxed in the bill of costs for the travel or attendance of Government clerks. (United States v. Sanborn, 135 U. S., 271; 36 Int. Rev. Rec., 142.)
Deputy collectors are included under the words “other officer of the United States” according to the ruling of the Department.
Section 850, as construed by the Department of Justice. (Instructions to United States marshals, attorneys, clerks, and commissioners, January 1, 1899, par. 603-607, pp. 93, 94.)
No mileage beyond traveling expenses allowed.
[Extract from the Army appropriation act for the fiscal year ending June 30, 1875.
Act of June 16, 1874. (18 Stat., 72.)]
Provided, That only actual traveling expenses shall be allowed to any person holding employment or appointment under the United States, and all allowances for mileages and transportation in excess of the amount actually paid are hereby declared illegal; and no credit shall be allowed to any of the disbursing officers of the United States for payment or allowances in violation of this provision. *
The above provision does not apply to district attorneys, marshals. clerks of courts, and their depnties and assistants. (Act February 22, 1875 (18 Stat., 334); act March 3, 1875, (18 Stat., 452.)
By the act of June 30, 1876 (19 Stat., 65), so much of the act as applied to Navy officers was repealed and mileage was allowed.
Army officers allowed mileage. (Act July 24, 1876 (19 Stat., 100.)
Certain business and emoluments forbidden to clerks in the Treasury Department.
SEC. 244. Every clerk employed in the Treasury Department who carries on any trade or business in the funds or debts of the United States, or of any State, or in any kind of public property, or who takes or applies to his own use any emolument or gain for negotiating or transacting any business in the Department, shall be deemed guilty of a misdemeanor, and punished by a fine of five hundred dollars and removal from office.
Sections 1788, 1789, pp. 384 and 385.
Oficers and clerks receiving compensation in matters before the Departments; penalty.
SEC. 1782. No Senator, Representative, or Delegate, after his election and during his continuance in office, and no head of a Department, or other officer or clerk in the employ of the Government, shall receive or agree to receive any compensation whatever, directly or indirectly, for any services rendered, or to be rendered, to any person, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party, or directly or indirectly interested, before any Department, court-martial, Bureau, officer, or any civil, military, or naval commission whatever.
Every person offending against this section shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years, and fined not more than ten thousand dollars, and shall, moreover, by conviction therefor, be rendered forever thereafter incapable of holding any office of honor, trust, or profit under the Government of the United States.
Contracts with the Government by executive officers. (14 Op. Atty. Gen.,
Prohibition against officers taking money or other valuable consideration for procuring places or contracts. ($ 1781.)
Officers and employees of Internal Revenue Bureau prohibited from acting as agents for surety companies. (Vol. 1, Treas. Dec. (1899), No. 21025.)
Act of February 25, 1897 (29 Stat., 595). To prevent the purchasing of or speculating in claims against the Federal Government by United States officers.
Oficers prosecuting claims against the United States; penalty. SEC. 5198. Every officer of the United States, or person holding any place of trust or profit, or discharging any official function under, or in connection with, any Executive Departinent of the Government of the United States, or under the Senate or House of Representatives of the United States, who acts as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, aids or assists in the prosecution or support of any such claim, or receives any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of