Bureau of Insular Affairs, under the same provisions of law in regard to the vacancy in the line thus created and return to the line as govern in the case of the assistant authorized by the Act of March second, nineteen hundred and seven; and the assistant herein authorized while serving in this capacity shall have the rank, pay, and allowances of colonel; and both officers detailed in the Bureau of Insular Affairs shall hereafter be designated, while on this duty, as assistants to the chief of the bureau. Act of Mar. 23, 1910 (36 Stat. 248).

160. Secretary of War authorized to deliver obsolete cannon to Volunteer and State Homes.-The Secretary of War * * * is authorized and directed, subject to such regulations as he may prescribe, to deliver to any of the "National Homes for Disabled Volunteer Soldiers" already established or hereafter established and to any of the State Homes for soldiers and sailors or either now or hereafter duly established and maintained under State authority, such obsolete serviceable cannon, bronze or iron, suitable for firing salutes, as may be on hand undisposed of, not exceeding two to any one Home. Act of Feb. 8, 1889 (25 Stat. 657).

161. No additional compensation.-Hereafter it shall be unlawful to allow or pay to any of the persons designated in this act any additional compensation from any source whatever, or to retain, detail, or employ in any branch of the War Department in the city of Washington any persons other than those herein authorized,1 except in the Signal Offices and the Engineer Corps, and except such commissioned officers as the Secretary of War may, from time to time, assign to special duties. Act of June 20, 1874 (18 Stat. 101).

162. Secretary of War to determine and adjust claims for damages due to heavy gun fire, target practice, etc., in connection with maneuvers. That hereafter the Secretary of War is authorized to consider, ascertain, adjust, and determine the amounts due on all claims for damages to and loss of private property when the amount of the claim does not exceed the sum of one thousand dollars, occasioned by heavy gun fire and target practice of troops, and for damages to vessels, wharves, and other private property, found to be due to maneuvers or other military operations for which the Government is responsible, and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor. Act of Aug. 24, 1912 (37 Stat. 586).

The act specifies the number of clerks who may be employed in the War Department. Since 1874 the number of clerks has been changed by legislation, but the general rule set forth above would appear to be still in force.

163. President to establish civil service regulation.-The President is authorized to prescribe such regulations for the admission of persons into the civil service of the United States as may best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of the 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.1 Sec. 1753, R. S.

1 Neither section 1753, Revised Statutes, nor the civil service act of January 16, 1883 (22 Stat. 403), puts any restrictions upon the power of removal from appointive offices except for refusal to contribute to political funds or neglect to render political service; hence Presidential Rule II, relating to the civil service and providing (as amended July 27, 1897), that no removal shall be made without giving the accused notice and an opportunity to make defense, has no such authority at law as confers upon the holder of an office a vested right thereto, with the right to invoke the equitable power of the courts to restrain his removal therefrom in violation of such rule. (Page et al. v. Moffett, 85 Fed. Rep., 38. See, also, as to the equitable jurisdiction of the Federal courts, In re Sawyer, 124 U. S., 200, and World's Columbian Exp. c. U. S., 18 U. S. App., 159, 6 Circ. Ct. App., 71, 56 Fed. Rep., 667; Butler v. White, 83 id., 578; Carr v. Gordon, 82 íd., 373.)

164. Appointments to civil office; preferences.-Persons honorably discharged from the military or naval service by reason of disability resulting from wounds or sickness incurred in the line of duty shall be preferred for appointments to civil service offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices. Sec. 1754, R. S.

165. Recommendation of military persons for private employment. In grateful recognition of the services, sacrifices, and sufferings of persons honorably discharged from the military and naval service of the country, by reason of wounds, disease, or the expiration of terms of enlistment, it is respectfully recommended to bankers, merchants, manufacturers, mechanics, farmers, and persons engaged in industrial pursuits, to give them the preference for appointments to remunerative situations and employments. Sec. 1755, R. S. 166. Examination for the civil service.-After the expiration of six months from the passage of this act no officer or clerk shall be appointed, 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 he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. But nothing herein contained shall be construed to take from those honorably discharged from the military or naval service any preference conferrd by the seventeen hundred and fiftyfourth section of the Revised Statutes1 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. 7, Act of Jan. 16, 1883 (22 Stat. 406).

167. Salaries.-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 sanctioned by law. Sec. 1760, R. S.

168. Same. No money shall be paid from the Treasury, as salary, to any person appointed during the recess of the Senate to fill a vacancy in any existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until such appointee has been confirmed by the Senate. Sec. 1761, R. S.

['Paragraphs 163 and 164 ante.]

169. Persons drawing $2,500 yearly compensation not to hold second of-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 whh compensation is attached unless specially heretofore or hereafter specially authorized thereto by law; but this shall not apply to ret.red officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to of, by and with the advice and consent of the Senate. Sec. 2. art of July 31, 1894 (28 Stat. 205).

The traditions and usages of the United States recognize the policy and pety of employing, when necessary, the same person at the same time in

dtct capacities. Not to mention other familiar cases, there are the prom text examples of the diplomatic mission of Mr. Jay to England. under Preden Washington, while he was still Chief Justice of the United States; of the son of Mr. Gallatin to London and St. Petersburg, to negotiate a peace, whhe Secretary of the Treasury under President Madison; and of Mr. Justice New, sitting as a member of the commission which concluded the treaty of

gton, under President Grant. On the other hand, it is the undoubted am of general legislation respecting salaries to gauge the work so as to give fr!! ment to the capacities of the man likely to be appointed to do it, and to tere be pay according to the work In construing statutes restraining the Live from giving dual or extra compensation, courts have aimed to carry the Legislative intent by giving them sufficient flexibility not to injure the service and sufficient rigidity to prevent Executive abuse. Landran r TR. 16 Ct Cls, 74, 82.) The great object has been to establish by law the comon for public services, whether in offices or agencies, where the nature adaracter of the duties to be performed were sufficiently known and definite trenghe Congress to form an estimate of its value and not leave it to the dwTE f the head of an Executive Department. These sect.058 fair interpretation be held to embrace an employment which has no 1*ty of connection, either in its character or by law or saze with the te a) duty, and where the service to be performed is of a diferent *er and for a different place and the amount of compensation is regulated

• The just and fair inference from these acts of Congress taken, togeber is that no discretion is left to the head of a Department to a vợ bỏ bas a fixed compensation, any credit beyond his salary 75.0 » te has performed is required by existing .ws and the VEL DAY d by law." (Converse t. U. 8. 21 How. 43 47), 473- Ľ E-110 T 8. 688, 644: U. S. e. Showmaker 7 Wa. **

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and shall be entitled to a salary of four thousand five hundred dollars a year, payable monthly, and who shall perform such duties in the Department of War as shall be prescribed by the Secretary or may be required by law. Act of Mar. 5, 1890 (26 Stat. 17). 143. Absence or illness of Secretary of War.-The President may authorize and direct the Commanding General of the Army or the chief of any military bureau of the War Department to perform the duties of the Secretary of War under the provisions of section one hundred and seventy-nine of the Revised Statutes, and section twelve hundred and twenty-two of the Revised Statutes shall not be held or taken to apply to the officer so designated by reason of his temporarily performing such duties. Act of Aug. 5, 1882 (22 Stat. 238).

144. Assistant and chief clerk.-There shall be in the said Department an inferior officer, to be appointed by said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the Department of War, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books, and papers appertaining to the said Department. Act of Feb. 27, 1877 (19 Stat. 241), amending Sec. 215, R. S.

(Now assistant and chief clerk. Act of May 22, 1908 (35 Stat. 213).)

145. Temporary absence of Secretary of War.-When, from illness or other cause, the Secretary of War is temporarily absent from the War Department, he may authorize the chief clerk of the Department to sign requisitions upon the Treasury Department, and other papers requiring the signature of said Secretary; the same, when signed by the chief clerk during such temporary absence, to be of the same force and effect as if signed by the Secretary of War himself. Act of Mar. 4, 1874 (18 Stat. 19).

(For the general duties of chief clerks see Chapter II, ante.)

146. Absence of bureau chief.-During the absence of the Quartermaster-General, or the chief of any military bureau of the War Department, the President is authorized to empower some officer of the department or corps whose chief is absent to take charge thereof, and to perform the duties of Quartermaster-General, or chief of department or corps, as the case may be, during such ab

The act of August 5, 1882 (22 Stat. 237), authorizing the appointment of an Assistant Secretary of War was repealed by the act of July 7, 1884 (23 Stat. 179), the power conferred by the act of August 5, 1882, never having been exercised. In the case of Ryan v. U. S., 136 U. S., 18, 80, it was held that the authority vested in the Secretary of War could in his absence be exercised by the officer who under the law became for the time Acting Secretary of War. The salary of the Assistant Secretary of War was increased to $5,000 by act of May 22, 1908 (35 Stat. 213).