employed at a specific salary be hereafter transferred and hereafter paid from a lump-sum appropriation a rate of compensation greater than such specific salary, and the heads of departments shall cause this provision to be enforced. Sec. 4, Act of Mar. 4, 1913 (37 Stat. 790).

36. Transfers between departments.-It shall not be lawful hereafter for any clerk or other employee in the classified service in any of the Executive Departments to be transferred from one Department to another Department until such clerk or other employee shall have served for a term of three years in the Department from which he desires to be transferred. Sec. 5, Act of June 22, 1906 (34 Stat. 449).

37. Voluntary service.-Nor shall any Department or any officer of the Government 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. Act of Feb. 27, 1906 (34 Stat. 49). 38. Civil pension roll.-The establishment of a civil pension roll, or an honorable service roll, or the exemption of any of the officers, clerks, and persons in the public service from the existing laws respecting employment in such service is hereby prohibited. Sec. 4, Act of Feb. 24, 1899 (30 Stat. 890).

[Section 2 of the act of June 2, 1900 (31 Stat. 261), contained a similar requirement.]

39. Payments to incapacitated persons.-The appropriations herein made for the officers, clerks, and persons employed in the public service shall not be available for the compensation of any persons incapacitated otherwise than temporarily for performing such service. Sec. 3, Act of Mar. 4, 1913 (37 Stat. 790).

40. Efficiency ratings-Promotions, reductions, or removals.-The Civil Service Commission shall, subject to the approval of the President, establish a system of efficiency ratings for the classified service in the several executive departments in the District of Columbia based upon records kept in each department and independent establishment with such frequency as to make them as nearly as possible records of fact. Such system shall provide a minimum rating of efficiency which must be attained by an employee before he may be promoted; it shall also provide a rating below which no employee may fall without being demoted; it shall further provide for a rating below which no employee may fall without being dismissed for inefficiency. All promotions, demotions, or dismissals shall be governed by provisions of the civil service rules. Copies of

'This provision will be found in all of the recent appropriation acts for the legislative, executive, and judicial expenses of the Government.

all records of efficiency shall be furnished by the departments and independent establishments to the Civil Service Commission for record in accordance with the provisions of this section: Provided, That in the event of reductions being made in the force in any of the executive departments no honorably discharged soldier or sailor whose record in said department is rated good shall be discharged or dropped, or reduced in rank or salary.

Any person knowingly violating the provisions of this section shall be summarily removed from office, and may also upon conviction thereof be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year: Provided, That in the event of reluctions being made in the force in any of the executive departments no honorably discharged soldier or sailor whose record in said department is rated good shall be discharged or dropped, or reduced in rank or salary. (Sec. 4, Act of Aug. 23, 1912 (37 Stat. 413).

41. Retention of discharged soldiers, sailors, etc.-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 discharged from the military or naval service of the United States, and the widows and orphans of deceased soldiers and sailors. Sec. 3, Act of Aug. 15, 1876 (19 Stat. 169).

42. Removal on charges.-That no person in the classified civil service of the United States shall be removed therefrom except for such cause as will promote the efficiency of said service and for reasons given in writing, and the person whose removal is sought shall have notice of the same and of any charges preferred against him, and be furnished with a copy thereof, and also be allowed a reasonable time for personally answering the same in writing; and affidavits in support thereof; but no examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer making the removal; and copies of charges, notice of hearing, answer, reasons for removal, and of the order of removal shall be made a part of the records of the proper department or office, as shall also the reasons for reduction in rank or compensation; and copies of the same shall be furnished to the person affected upon request, and the Civil Service Commission also shall, upon request, be furnished copies of the same: Provided, however, That membership in any society, association, club, or other form of organization of postal employees not affiliated with any outside organization imposing an obligation or duty upon them to engage in any strike, or

To entitle an honorably discharged soldier to retention in the civil service in preference to a civilian, he must be equally qualified (sec. 3, act of Aug. 15, 1876, 19 Stat. 169), which must be determined by the head of the Department (Keim' v. U. S., 33 Ct. Cls., 174. But see par. 40 ante.)

proposing to assist them in any strike, against the United States, having for its objects, among other things, improvements in the condition of labor of its members, including hours of labor and compensation therefor and leave of absence, by any person or groups of persons in said postal service, or the presenting by any such person or groups or persons of any grievance or grievances to the Congress or any Member thereof shall not constitute or be cause for reduction in rank or compensation or removal of such person or groups of persons from said service. The right of persons employed in the civil service of the United States, either individually or collectively, to petition Congress, or any Member thereof, or to furnish information to either House of Congress, or to any committee or member thereof, shall not be denied or interfered with. Sec. 6, Act of Aug. 24, 1912 (37 Stat. 555).

43. Four classes of clerks.-The clerks in the Departments shall be arranged in four classes, distinguished as the first, second, third, and fourth classes. Sec. 163, R. S., Act of Aug. 15, 1876 (19 Stat. 169).

44. Salaries. The annual salaries of clerks and employees in the Departments, whose compensation is not otherwise prescribed, shall be as follows:

First. To clerks of the fourth class, eighteen hundred dollars. Second. To clerks of the third class, sixteen hundred dollars. 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.

Ninth. To watchmen, seven hundred and twenty dollars. Sec. 167, R. S.

45. Same-Temporary clerks.-Except when a different compensation is expressly prescribed by law, any clerk temporarily employed to perform the same or similar duties with those belonging to clerks of either class is entitled to the same salary as is allowed to clerks of that class. Sec. 168, R. S.

46. Compensation for extra services.-No money shall be paid to any clerk employed in either Department at an annual salary, as compensation for extra services, unless expressly authorized by law. Sec. 170, R. S.

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

1This 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.1 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, 1898 (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, 1899 (30 Stat. 890).

53. Holidays in District of Columbia.-The following days in each year, namely, the first day of January, conmonly 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

'Under the above provision it is discretionary with the heads of the several Executive Departments to grant or refuse leave of absence, and their acts can not be reviewed. Absence without leave is absence without pay; absence with leave is subject to such conditions and limitations as may be imposed. (Hurlburt v. U. S., 30 Ct. Cls., 16.) The word "meritorious" as used above is surplusage; the word "exceptional" in the same statute raises a question of fact upon which the Attorney-General can not advise. (XX Opin. Att. Gen., 716.)