* *

*

employee while engaged upon such work; Act of June 5, 1920 (41 Stat. 975), making appropriations for the support of the Army.

*

* Provided, That no part of the appropriations made in this Act shall be available for the salary or pay of any officer, manager, superintendent, foreman, or other person having charge of the work of any employee of the United States Government while making or causing to be made with a stop watch or other time-measuring device a time study of any such employee between the starting and completion thereof, or of the movements of any such employee while engaged upon such work. Sec. 4, act of Mar. 3, 1921 (41 Stat. 1352), making appropriations for fortifications, etc.

For restriction upon the use of recording clocks, see post, 183.

58. Redistribution of functions as an emergency measure.-That for the national security and defense, for the successful prosecution of the war, for the support and maintenance of the Army and Navy, for the better utilization of resources and industries, and for the more effective exercise and more efficient administration by the President of his powers as Commander in Chief of the land and naval forces the President is hereby authorized to make such redistribution of functions among executive agencies as he may deem necessary, including any functions, duties, and powers hitherto by law conferred upon any executive department, commission, bureau, agency, office, or officer, in such manner as in his judgment shall seem best fitted to carry out the purposes of this Act, and to this end is authorized to make such regulations and to issue such orders as he may deem necessary, which regulations and orders shall be in writing and shall be filed with the head of the department affected and constitute a public record: Provided, That this Act shall remain in force during the continuance of the present war and for six months after the termination of the war by the proclamation of the treaty of peace, or at such earlier time as the President may designate: Provided further, That the termination of this Act shall not affect any act done or any right or obligation accruing or accrued pursuant to this Act and during the time that this Act is in force: Provided further, That the authority by this Act granted shall be exercised only in matters relating to the conduct of the present war. Sec. 1, act of May 20, 1918 (40 Stat. 556).

That should the President, in redistributing the functions among the executive agencies as provided in this Act, conclude that any bureau should be abolished and it or their duties and functions couferred upon some other department or bureau or eliminated entirely, he shall report his conclusions to Congress with such recommendations as he may deem proper. Sec. 5, act of May 20, 1918 (40 Stat. 557).

That all laws or parts of laws conflicting with the provisions of this Act are to the extent of such conflict suspended while this Act is in force.

Upon the termination of this Act all executive or administrative agencies, departments, commissions, bureaus, offices, or officers shall exercise the same functions, duties, and powers as heretofore or as hereafter by law may be provided, any authorization of the President under this Act to the contrary notwithstanding. Sec. 6, act of May 20, 1918 (40 Stat. 557).

59. Transfer of personnel. That in carrying out the purposes of this Act the President is authorized to utilize, coordinate, or consolidate any executive or administrative commissions, bureaus, agencies, offices, or officers now existing by law, to transfer any duties or powers from one existing department, commission, bureau, agency, office, or officer to another, to transfer the personnel

thereof or any part of it either by detail or assignment, together with the whole or any part of the records and public property belonging thereto. Sec. 2, act of May 20, 1918 (40 Stat. 556).

60. Expenditure of appropriations.-That for the purpose of carrying out the provisions of this Act, any moneys heretofore and hereafter appropriated for the use of any executive department, commission, bureau, agency, office, or officer shall be expended only for the purposes for which it was appropriated under, the direction of such other agency as may be directed by the President hereunder to perform and execute said function. Sec. 4, act of May 20, 1918 (49 Stat. 557). 61. Salaries sanctioned by law.--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. R. S. 1760. Payments for official or clerical compensation from appropriations for contingent, incidental, or miscellaneous purposes were also forbidden by R. S. 3682, post, 271. The employment by the executive officers of the Government of any clerk, etc., in the executive departments at Washington or clsewhere, beyond provision made by law, was forbidden by sec. 5, act of Aug. 15, 1876, ante, 34.

The officers, clerks, etc., to be employed in the executive departments, were limited to the compensation and number for which specific provision is made by appropriations each year, by sec. 4, act of Aug. 5, 1882, ante, 34.

Notes of Decisions.

Right to salary.-Where the words of a statute fixing the compensation of a public officer are loose and obscure and admit of two meanings, they should be construed in favor of the officer. Moore v. U. S. (1868),

4 Ct. Cl. 139.

If an appointment be contrary to law. the party can not recover for services rendered. Weeks v. U. S. (1886), 21 Ct. Cl. 124.

It is immaterial, so far as compensation is concerned, whether an employment constitutes an office as defined in the Constitution, provided the appointment was made lawfully. Saunders v. U. S. (1886), 21 Ct. CL 408.

De facto officer. The legal right of an officer to the salary of an office depends upon his being de jure an officer holding or

entitled to hold the office. Belcher v. U. S. (1899), 34 Ct. CL 400; Morey c. U. S. (1900), 35 Ct. CL 603; Jackson v. U. S. (1906), 42 Ct. Cl. 39.

De facto office.-There may be a de facto officer, but never a de facto office. (1889) 19 Op. Atty. Gen. 443, 449.

Increase or reduction of salary.-A salary established by statute can neither be increased nor diminished by executive officers. Dyer v. U. S. (1885), 20 Ct. Cl. 166; Andrews v. U. S. (1911). 47 Ct. Cl. 51.

Recovery of money paid as salary.-Where one claiming to be an officer rendered no service and held no official relation with the Government, money paid him for salary may be recovered back. Miller . U. S. (1884), 19 Ct. Cl. 338.

62. Four classes of clerks. The clerks in the Departments shall be arranged in four classes, distinguished as the first, second, third, and fourth classes. R. S. 163.

Provisions for classification of other clerks and employees in the civil service were made by sec. 6 of the civil service act of Jan. 16, 1883.

Notes of Decisions.

Effect of section on previous provisions.— The limitation of the proviso annexed to said act Mar. 3, 1853, sec. 3, that the clerks, when distributed and arranged according to that section, should constitute the whole of the clerical force of the departments named, was confined to such clerks as are

arranged and distributed into the four classes. (1853) 6 Op. Atty. Gen. 42, 47.

Repeal of provisions of R. S. sec. 164, for appointments to classes on examinations.R. S. sec. 164, which provided for appointments to the classes designated in this section upon examination, was repealed by

implication by the civil service act of Jan. 16, 1883. (1885), 18 Op. Atty. Gen. 245.

Clerks included in classified service.-A soldier enlisted in the "general service" of the Army, for clerical duty at headquarters, and transferred to the Adjutant General's Office, was not in the classified serv

ice of the War Department, within a rule of that department allowing a person separated from the "classified service" thereof, through no delinquency or misconduct, to be certified for reinstatement. (1890) 19 Op. Atty. Gen. 552.

63. Salaries of various employes.-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. R. S. 167.

** Provided further, That none of the funds appropriated or made available under this Act shall be used for the payment of any salary in excess of $12,000 per annum to any civilian employee in the War Department: Act of June 5, 1929 (41 Stat. 949), making appropriations for the support of the Army: Contingencies of the Army.

That the pay of telephone-switchboard operators, assistant messengers, firemen, watchmen, laborers, and charwomen provided for in this Act, except those employed in mints and assay offices, unless otherwise specially stated, shall be as follows: For telephone-switchboard operators, assistant messengers, firemen, and watchmen, at the rate of $720 per annum each; for laborers, at the rate of $660 per annum each; assistant telephone-switchboard operators, at the rate of $600 each, and for charwomen, at the rate of $240 per annum each. Sec. 2, act of Mar. 3, 1921 (41 Stat. 1307), making appropriations for legislative, executive, and judicial expenses.

All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employees appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employees, respectively, until otherwise fixed by an annual rate of appropriation or other law, by sec. 6, act of July 16, 1914 (38 Stat. 809).

By sec. 9, act of Mar. 1, 1919 (40 Stat. 1269), a Joint Commission on Reclassification of Salaries was authorized, which made a thorough study of the work and pay of each employee and rendered its report in March, 1920.

Notes of Decisions.

Effect of appropriation of less amount.-— A laborer in an executive department held entitled to the increased compensation fixed by Pub. Res. 18, Aug. 15, 1856 (11 Stat. 145), and not limited to a less amount provided by the current appropriation. Graham v. U. S. (1865), 1 Ct. Cl. 380.

Effect of suspension.-A clerk illegally suspended is entitled to the salary of his

office during the period of his suspension. Lellmann v. U. S. (1902), 37 Ct. Cl. 128. A dismissal on charges preferred can not be reviewed by the judiciary. Id.

An employee of the Government can not recover compensation, where the head of a department, having power to discharge, furloughed him without pay. Small v. U. S. (1909), 45 Ct. Cl. 13.

64. Translators at the Army Service Schools.-Not exceeding $400 per month may be used for the payment of $100 per month each to a translator at the Army Service Schools, Fort Leavenworth, Kansas, Feld Artillery School, Fort Sill, Oklahoma, the Infantry School, Camp Benning, Georgia, and the Cavalry School, Fort Riley, Kansas, to be appointed by the commandants of the schools named, with the approval of the Secretary of War, $100,000. Act of June 5, 1920 (41 Stat. 950), making appropriations for the support of the Army: United States Service Schools.

65. Computation of annual and monthly salaries.--Hereafter, where the compensation of any person in the service of the United States is annual or monthly the following rules for division of time and computation of pay for services rendered are hereby established: Annual compensation shall be divided into twelve equal installments, one of which shall be the pay for each calendar mouth; and in making payments for a fractional part of a month one-thirtieth of one of such installments, or of a monthly compensation, shall be the daily rate of pay. For the purpose of computing such compensation and for computing time for services rendered during a fractional part of a month in connection with annual or monthly compensation, each and every month shall be held to consist of thirty days, without regard to the actual number of days in any calendar month, thus excluding the thirty-first of any calendar month from the computation and treating February as if it actually had thirty days. Any person entering the service of the United States during a thirty-one day month and serving until the end thereof shall be entitled to pay for that month from the date of entry to the thirtieth day of said month, both days inclusive; and any person entering said service during the month of February and serving until the end thereof shall be entitled to one month's pay, less as many thirtieths thereof as there were days elapsed prior to date of entry: Provided, That for one day's unauthorized absence on the thirty-first day of any calendar month one day's pay shall be forfeited. Sec. 6, act of June 30, 1906 (34 Stat., 763), making appropriations for sundry civil expenses.

A previous similar but less specific provision relating to the same subject, made by sec. 4, act of Apr. 28, 1904 (33 Stat. 513), may be regarded as superseded by this section. Similar rules for computation of the compensation of any person in the military service of the United States were prescribed by a provision of act June 12, 1906, post, 1599.

Notes of Decisions.

Computation of increased pay.-Where an officer's salary is increased on the 14th of February, he is entitled to be paid for the balance of February as if the month contained 30 days, to wit, for 17 days. Jacobs v. U. S. (1906), 41 Ct. Cl. 452.

Performance of part of duties.-There can be no implied contract by which an appointee undertakes to perform less than the whole duty, and to receive less than the full pay enacted by Congress. Stocksdale v. U. S. (D. C. 1889), 39 Fed. 62.

66. Bonus of $240.-That all civilian employees of the Governments of the United States and the District of Columbia who receive a total of compensation at the rate of $2,500 per annum or less, except as otherwise provided in this section, shall receive, during the fiscal year ending June 30, 1922, additional compensation at the rate of $240 per annum: Provided, That such employees as receive a total of annual compensation at a rate more than $2,500 and less than $2,740 shall receive additional compensation at such rate per annum as may be necessary to make their salaries, plus their additional compensation, at the rate of $2,740 per annum, and no employee shall receive additional

compensation under this section at a rate which is more than 60 per centum of the rate of the total annual compensation received by such employee: Provided further, That the increased compensation at the rate of $240 per annum for the fiscal year ending June 30, 1921, shall not be computed as salary in construing this section: Provided further, That where an employee in the service on June 30, 1920, has received during the fiscal year 1921, or shall receive during the fiscal year 1922 an increase of salary at a rate in excess of $200 per annum, or where an employee, whether previously in the service or not, has entered the service since June 30, 1920, whether such employee has received an increase in salary or not, such employees shall be granted the increased compensation provided herein only when and upon the certification of the person in the legislative branch or the head of the department or establishment employing such persons of the ability and qualifications personal to such employees as would justify such increased compensation.

The provisions of this section shall not apply to the following: employees whose pay is adjustable from time to time through wage boards or similar authority to accord with the commercial rates paid locally for the same class of service; employees of the Panama Canal on the Canal Zone; employees of the Alaskan Engineering Commission in Alaska; employees paid from lumpsum appropriations in bureaus, divisions, commissions, or any other governmental agencies or employments created by law since January 1, 1916, except employees of * *the Bureau of War Risk Insurance, who shall be included,

* The provisions of this section shall not apply to employees whose duties require only a portion of their time, except charwomen, who shall be included; employees whose services are utilized for brief periods at intervals; persons employed by or through corporations, firms, or individuals acting for or on behalf of or as agents of the United States or any department or independent establishment of the Government of the United States in connection with construction work or the operation of plants; employees who receive a part of their pay from any outside sources under cooperative arrangements with the Government of the United States or the District of Columbia; employees who serve voluntarily or receive only a nominal compensation, and employees who may be provided with special allowances because of their service in foreign countries. The provisions of this section shall not apply to employees of the railroads, express companies, telegraph, telephone, marine cable, or radio system or systems taken over by the United States, and nothing contained herein shall be deemed a recognition of the employees of such railroads, express companies, telegraph, telephone, marine cable, or radio system or systems as employees of the United States.

Section 6 of the Legislative, Executive, and Judicial Appropriation Act approved May 10, 1916, as amended by the Naval Appropriation Act approved August 29, 1916, shall not operate to prevent anyone from receiving the additional compensation provided in this section who otherwise is entitled to receive the same.

Such employees as are engaged on piecework, by the hour, or at per diem rates, if otherwise entitled to receive the additional compensation, shall receive the same at the rate to which they are entitled in this section when their fixed rate of pay for the regular working hours and on the basis of three hundred and thirteen days in the said fiscal year would amount to $2,500 or less: Provided, That this method of computation shall not apply to any per diem employees regularly paid a per diem for every day in the year.