19. Civil service examinations held in the State of an applicant.Provided, That hereafter all examinations of applicants for positions in the Government service, from any State or Territory, shall be had in the State or Territory in which such applicant resides, and no person shall be eligible for such examination or appointment unless he or she shall have been actually

domiciled in such State or Territory for at least one year previous to such examination : * *** Sec. 7, act of July 2, 1909 (36 Stat. 3).

This section was suspended, by act of Mar. 27, 1918 (40 Stat. 459) during the World War, to the extent of permitting the Civil Service Commission to hold any examination in the District of Columbia.

Notes of Decisions.

Applicants affected by provision. The phrase "from any State or Territory" refers to applications where it is requisite that the applicant should be of a particular State or Territory and charged to it under the law of apportionment, which is the case only with respect to appointments in the classified service in the departments at Washington and in the Census Bureau. (1909) 28 Op. Atty. Gen. 78, modifying in this respect (1909) 27 Op. Atty. Gen. 546, and (1909) 27 Op. Atty. Gen. 567.

The proviso of sec. 7 of the census act of July 2, 1909 (36 Stat. 3), which requires that all examinations for positions in the Government service shall be had in the State or Territory in which the applicant resides, does not apply to the so-called

nonassembled examinations. (1913)
Op. Atty. Gen. 194.

30

Determination of residence.-Questions of "actual bona fide residence and "domicile" are mixed questions of law and fact, to be determined in each instance by the civil service commission upon the facts presented. (1909) 27 Op. Atty. Gen. 766.

Period of residence.-The words "for at least one year previous," as used in the first proviso of sec. 7 (36 Stat. 3), mean for at least one year next preceding. (1909) 27 Op. Atty. Gen. 546.

Change of residence.-If a domicile be once established, it is presumed to continue until there has been a change of residence, with the intention of establishing a new residence. (1909) 27 Op. Atty. Gen. 546.

20. Employees of detective agencies ineligible for Federal employment.— That hereafter no employee of the Pinkerton Detective Agency, or similar agency, shall be employed in any Government service or by any officer of the District of Columbia. Act of Mar. 3, 1893 (27 Stat. 591), making appropriations for sundry civil expenses.

21. Employment of publicity experts restricted. No money appropriated by this or any other Act shall be used for the compensation of any publicity expert unless specifically appropriated for that purpose. Act of Oct. 22, 1913 (38 Stat. 212), making appropriations for urgent deficiencies.

22. Preference given to discharged soldiers, their wives and widows.-Persons honorably discharged from 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 offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices. R. S. 1754.

That hereafter in making appointments to clerical and other positions in the Executive branch of the Government in the District of Columbia or elsewhere preference shall be given to honorably discharged soldiers, sailors, and marines, and widows of such and to the wives of injured soldiers, sailors and marines who themselves are not qualified, but whose wives are qualified to hold such positions. Act of July 11, 1919 (41 Stat. 37), amending act of Mar. 3, 1919 (40 Stat. 1293).

The preference conferred by this section was not taken away by the civil service act of Jan. 16, 1883, by a provision of sec. 7 thereof, ante, 18.

The heads of the executive departments, in making any reduction of their clerical force, were required to retain persons equally qualified, who had been honorably discharged from the military or naval service, and the widows and orphans of deceased soldiers and sailors, by a provision of sec. 3, act Aug. 15, 1876, 51, post.

The amended portion of act of Mar. 3, 1919, supra, as originally enacted read as follows:

"That hereafter in making appointments to clerical and other positions in the executive departments and in independent governmental establishments preference shall be

given to honorably discharged soldiers, sailors, and marines, and widows of such, if they are qualified to hold such positions."

Notes of Decisions.

23. Employment of discharged soldiers in constructing public roads.-* Provided further, That in the expenditure of this fund for labor preference shall be given, other conditions being equal, to honorably discharged soldiers, sailors, and marines, but any other preference or discrimination among citizens of the United States in connection with the expenditure of this appropriation is hereby declared to be unlawful. Sec. 6, act of Feb. 28, 1919 (40 Stat. 1201).

In the expenditure of this fund for labor preference shall be given, other conditions being equal, to honorably discharged soldiers, sailors, and marines. Sec. 8, act of Feb. 28, 1919 (40 Stat. 1202), making appropriations for the service of the Post Office Department.

Section 6. above, pertains to funds for the aid of the States in the construction of rural post roads, and other purposes, allotted to States having constitutional prohibition against internal improvements, etc., available when changes in a constitution are made.

Section 8, above, pertains to appropriation for roads and trails in national forests. 24. Reinstatement of discharged soldiers.-* * That all former Government employees who have been drafted or enlisted in the military service of the United States in the war with Germany shall be reinstated on application to their former positions, if they have received an honorable discharge and are qualified to perform the duties of the position. Act of Feb. 25, 1919 (40 Stat., 1164), making appropriations to supply deficiencies.

That the period of time during which soldiers, sailors, and marines, both enlisted and drafted men, who, prior to entering the service of their country, had a civil service status, and whose names appear upon the eligible list of the Civil Service Commission, shall not be counted against them in the determination of their eligibility for appointment under the law, rules and regulations of the Civil Service Commission now in effect, and at the time of demobilization their civil service status shall be the same as when they entered the service. Act of Mar. 1, 1919 (40 Stat. 1224), making appropriations for legislative, executive, and judicial expenses.

Notes of Decisions.

Scope. The provision of the act of Feb. 25, 1919, above quoted, is not limited to former employees of the War Department, but applies alike to former employees in any department of the Government. (1919) 31 Op. Atty. Gen. 452.

It applies to former employees who entered the naval service or Marine Corps as well as to those who entered the Army. Id.

It includes all who were either drafted or enlisted as privates, although subsequently commissioned, and those who enlisted for the purposes of entering officers' training camps and were subsequently commissioned, but does not include those commissioned from civil life who had not previously enlisted for any purpose. 452, 454.

Id.

The provision applies only to those who were drafted while in the employ of the Government or who left Government em ployment for the purpose of enlisting. Id. 452.

The provision requires the restoration of every former Government employee to the

civil service status he occupled before he entered the military service, but if the position the employee left was only a temporary one and has actually ceased to exist, his right to reinstatement is lost. (1919) 31 Op. Atty. Gen. 454. Nor does it require his reinstatement if the services he was rendering are no longer required, but if such services are required, he must be reinstated, although the said services are being satisfactorily performed by another employee. Id.

The provision requires that the former employee be reinstated in his position if it exists, and this requirement is not satisfied by reinstating an employee who vacated a statutory position in a noustatutory one, even though the rate of pay and civil service designation are the same in both. Id.

An employee who had a temporary appointment and no civil service status is entitled to be reinstated in his former position. (1919) 31 Op. Atty. Gen. 449. Nor is he disqualified by the fact that two members of his family are already in the classified civil service. Id.

*

any

25. Reinstatement of discharged soldiers as postal employees.postal employé who has entered the military service of the United States or who shall hereafter enter it shall, upon being honorably discharged therefrom, be permitted to resume the position in the postal department which he left

to enter such military service. Act of July 28, 1916 (39 Stat. 413), making appropriations for the service of the Post Office Department.

Employees, including substitute employees, of the Postal Service who have entered the military or naval service of the United States or who shall hereafter enter it during the existence of the present war, shall, when honorably discharged from such service, be reassigned to their duties in the Postal Service at the salary to which they would have been automatically promoted had they remained in the Postal Service, provided they are physically and mentally qualified to perform the duties of such positions. Sec. 9, act of July 2, 1918 (40 Stat. 754), making appropriations for the service of the Post Office Department.

26. Reinstatement of National Guardsmen mustered out of Federal service.* # * Provided, That all officers and enlisted men of the National Guard and of the Medical Reserve Corps of the Army who are Government employees and who respond to the call of the President for service shall, at the expiration of the military service to which they are called, be restored to the positions occupied by them at the time of the call: * ** Act of Aug. 29, 1916 (39 Stat. 624).

Members of the National Guard, employed by the Government or District of Columbia, are entitled to leave of absence, without loss of pay or time, for certain parade and encampment occasions, post, 2577.

27. Wife of a soldier or sailor not disqualified by marriage for Government service. That the wife of a soldier or sailor serving in the present war shall not be disqualified for any position or appointment under the Government because she is a married woman. Sec. 5, act of Aug. 31, 1918 (40 Stat. 956).

The title of the act of Aug. 31, 1918, declares it to be generally amendatory of the act of May 18, 1917 (40 Stat. 76).

28. Additional employees in the War Department.-For additional employees in the Office of the Secretary of War, $75,000; Provided, That no person shall be employed hereunder at a rate of compensation exceeding $1,800 per annum, except the following: Two at $2,500 each, two at $2,200 each, and one at $2.000. Act of Mar. 3, 1921 (41 Stat. 1277), making appropriations for legislative, exccutive, and judicial expenses: War Department.

To provide for the temporary employment of civilians additional to the statutory rolls of the executive departments, successive acts making appropriations for legislative, executive, and judicial expenses and for deficiencies placed lump-sum funds at the disposal of the Secretary of War to be allotted among bureaus and offices of the War Department.

Provided, That not to exceed $250,000 of the money herein appropriated shall be expended for the payment of salaries of civilian employees connected with the sale of war supples and the adjustment of war contracts and claims: * Act of June 5, 1920 (41 Stat. 949), making appropriations for the support of the Army: Contingencies of the Army.

This temporary force of employees was established in the urgent deficiency act of June 15, 1917. Varying provisions as to maximum salaries appear in succeeding executive, legislative, and judicial acts and deficiencies acts.

29. Officers and employees on the statutory rolls of executive departments determined by appropriation.-The officers and employees of the United States whose salaries are herein appropriated for are established and shall continue from year to year to the extent they shall be appropriated for by Congress.