So much as may be necessary to pay the additional compensation provided in this section to employees of the Government of the United States is approated out of any money in the Treasury not otherwise appropriated. * Reports shall be submitted to Congress on the first day of the next regular session showing for the first four months of the fiscal year the average number of employees in each department, bureau, office, or establishment receiving the torreased compensation at the rate of $240 per annum and the average number by grades receiving the same at each other rate. Sec. 6, act of Mar. 3, 1921 €¡t Stat. 1308–1310), making appropriations for legislative, executive, and judicul expense8. Provided further, That no employee of the Federal Government s'ail, for services in the Philippine Islands, receive additional compensation under this section at a rate which is more than 20 per centum of the rate of the total annual compensation received by such employee. Sec. 2, act of Nov. 4, 1919 (41 Stat. 343), making appropriations to supply deficiencies, amending sec. 7, mt of Mar. 1, 1919 (40 Stat. 1267). Similar provisions appear in previous appropriation acts. Rotums of 10 per cent and 5 per cent were provided by sẽc. 7, act of Mar. 3, 1917 7% Stat. 1121). Sec. 6, act of July 3, 1918 (40 Stat. 814), and the Joint Resolution 26 July 8, 1918 (40 Stat. 844), authorized a bonus of $120. This bonus was increased to $200 by sec. 7, act of March 1, 1919 (40 Stat. 1267). § 66/1⁄2 SLML2 67. Salaries of temporary clerks.-Except when a different compensation is expressly prescribed by law, any clerk temporarily employed to perform the se 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. R. S. 168. 68. Extra service without extra pay.-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. R. S. 170. General prohibitions were contained in R. S. secs. 1763-1765. No officer or employee is to charge or receive any compensation for administering oaths of office, post, 9ā. Notes of Decisions. No extra compensation for acts within general duties.-The separate duties of the veral clerks in the departments, except where they are specifically designated in Jorular cases by statute, are assigned tuh clerks by the head of the depart ment; and no posterior claim to extra compensation can be founded on the official acts done by a clerk, provided those acts constituted any part of the lawful general duties of the department. (1854) 6 Op. Atty. Gen. 583. 69. No extra pay for disbursing money.-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 empensation, 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, a: 1 the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or compensation. R. S. 1765. A provision similar to that of this section was made by act June 20, 1874, sec. 3. Notes of Decisions. Decisions as to extra compensation in gentra-bee notes, ante, 68. Permanence of statute.-This section was at read by the preceding section, Stansbury . U. S. (1868), 8 Wall. 33, 37, 19 L. Ed. 315. This act was not repealed by the repeal of the proviso of act Mar. 3, 1849 (9 Stat. 367), that no part of the appropriation for superintendents' commissions on disbursements should be paid to one who received a salary as customs officer. U. S. v. Converse (C. C. 1858), Fed. Cas. No. 14,848, reversed on another ground in Converse v. U. S. (1858), 21 How. 463, 16 L. Ed. 192. This section is a perpetual law applying to all branches of the public service. (1842) 4 Op. Atty. Gen. 128. What is " additional pay."—A clerk from the office of the Chief of Engineers designated to take charge and superintend the construction of a public building can be compensated from the fund appropriated therefor, his salary and service as clerk having been suspended during the period, so that there is no "additional pay, extra allowance, or compensation" received by said clerk. (1882) 17 Op. Atty. Gen. 321. Persons included within prohibition.-This section applies to all public officers, or quasi public officers, who have a fixed compensation. Hoyt v. U. S. (1850), 10 How. 109, 141, 13 L. Ed. 348. Right to hold different offices.-This section does not prevent a person from holding two distinct offices, appointments, or positions, not otherwise forbidden, and not incompatible with each other, and drawing the salary attached to each. U. S. v. Saunders (1887), 120 U. S. 126, 30 L. Ed. 594. But see 72, post. Services for which additional pay or extra compensation is prohibited. A civil officer, whose salary is fixed by law, can not hold another office or receive additional compensation for other and distinct service, even though the services were valuable, were additional to the duties of his office, and were rendered upon the assurance of the officers who employed him that he would be justly remunerated for them. Wilson v. U. S. (1865), 1 Ct. Cl. 206; Stansbury v. U. S. (1864), 1 Ct. Cl. 123; affirmed Stansbury v. U. S. (1868), 8 Wall. 33, 37, 19 L. Ed. 315; Harvey v. U. S. (1867), 3 Ct. Cl. 38. Compensation for special services of disbursing clerk of Interior Department under appointment of Secretary of Interior as special disbursing agent of appropriations for the Government hospital, is prohibited by this section, where appropriation acts did not provide for such compensation. Evans v. U. S. (1913), 33 Sup. Ct. 133, 226 U. S. 567, 57 L. Ed. 353, affirming judg ments (1909) 44 Ct. Cl. 549, and (1910) 45 Ct. Cl. 169. This section only prohibits extra compensation for service incompatible with that for which the compensation is fixed. U. S. v. Evans (1885), 4 Mackey (Sup. Ct., D. C.) 281. A statute requiring the surveyor general of Louisiana to collect, but not undertaking to dispose of, certain fees does not authorize him to retain the same, in view of this section. Lewis v. U. S. (1917), 244 U. S. 134. 70. Pay of officers detailed to the Lighthouse Service.-No additional salary shall be allowed to any civil, military, or naval officer on account of his being employed on the Light-House Board, or being in any manner attached to the light-house service. R. S. 4679. Traveling expenses allowed, see post, 1792. 71. Performing the 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. R. S. 1764. Notes of Decisions Public policy of extra compensation.Where the words of a statute prescribing compensation admit of two interpretations, they will not be construed to require the officer to perform the duties of an office without receiving compensation. U. S. v. Morse (C. C. 1844), Fed. Cas. No. 15.820. Where an act is required to be performed or services to be rendered, and the officer required to perform it necessarily holds two positions intimately and indispensably connected, and provision is made by law for the payment of services rendered in each capacity, it is more consonant with the principles of justice and equity that compensation for that service should be made according to the provisions of the statute that applies to it, rather than to deny such remuneration on mere technical grounds. In re Conrad (C. C. 1883), 15 Fed. 641. in ccer can not be allowed extra comPsation for services performed properly Jeta.ning by law to his office. U. S. v. *ta (D. C. 1856), Fed. Cas. No. 16,321. A retired naval officer, serving in time 6' war upon the active list and appointed Beteorologist, held entitled to his salary meteorologist, and to the pay of an ester on the retired list, but not to the gay of an officer on the active list. c. U. S. (1903), 38 Ct. Cl. 39. Hay Where an officer does not hold two distt offices or places of employment, each sh its own duties and compensation, he Pubes within the prohibitions of the stat3 Bartlett v. U. S. (1904), 39 Ct. Cl. The statutes apply to extra services in ather department. Woodwell v. U. S. 16), 41 Ct. Cl. 357. Extra compensation to persons entitled to salaries may be allowed only where ney shall have been appropriated for the particular services for the performance of which it is claimed as a compensation. (289) 3 Op. Atty. Gen. 439. It can not be allowed an officer whose salary is fixed bw for the discharge of a public service, at traveling expenses may be. (1845) 4 Op Atty. Gen. 372. The executive department has no au"rity to give extra pay to the officers of The United States exploring expedition. (1642) 4 Op. Atty. Gen. 126. If the duties of an office belong to an Iz umbent who receives the salary affixed to it, another officer performing those ees is prohibited from receiving there* any compensation whatever. (1849) Atty. Gen. 74. The separate duties of the several clerks Is the departments, except where they are ay designated in particular cases *stute, are assigned to such clerks by bead of the department; and no pos claim to extra compensation can be -"ked on the official acts done by a clerk, Tvided those acts constituted any part the lawful general duties of the de****ment. (1854) 6 Op. Atty. Gen. 583. eral acts of Congress relative to a pay and double compensation for service Lanifes, a determination on of Congress to prevent the payment * of con pensation in any form or under A compensation for extra services, where no certain allowance is fixed by law, can not be paid by the head of a department to any officer of the Government who has by law a certain compensation in the office he holds. (1861) 10 Op. Atty. Gen. 31. No discretion is left to the head of a department to allow any officer who has a fixed compensation any credit beyond his salary, unless the service he has performed is required by existing laws, and the remuneration therefor is fixed by law. (1863) 10 Op. Atty. Gen. 436. Where the service is one required by law, but not of any particular official, and compensation therefor is fixed by competent authority, and is appropriated, any officer who under due authorization performs the service is entitled to the compensation. (1877) 15 Op. Atty. Gen. 608. The elements necessary to justify the payment of compensation to an officer of the Government for additional services are: That they shall be performed by virtue of a separate and distinct appointment authorized by law, that such services shall not be services added to or connected with the regular duties of the place he holds, and that a compensation whose amount is fixed by law or regulation shall be provided for their payment. (1888) 19 Op. Atty. Gen. 121. Officers to whom extra compensation for particular services is forbidden.-Watchmen, for labor performed in the offices during the day. (1839) 3 Op. Atty. Gen. 473. A disbursing clerk in the Treasury Department, for disbursing money for a public building in the city of Washington. Bartlett v. U. S. (1904), 39 Ct. Cl. 338, affirmed in (1905) 25 Sup. Ct. 433, 434, 197 U. S. 230, 49 L. Ed. 735. The chief messenger in the Treasury Department, for carrying the mails of the several offices occupying the southeast executive building to and from the post office. (1839) 3 Op. Atty. Gen. 473. Services outside of scope of duty.-Where a service which can not be legally required of an officer is rendered with the consent of his superior for another department haying no official control of him, and is a service within the lawful discretion of the department employing him, he may receive additional pay therefor. Collier v. U. S. (1887), 22 Ct. Cl. 125; Meigs r. U. S. (1884). 19 Ct. Cl. 497. A retired Army officer may be employed by the War Department to supervise work, where he could not have been assigned to that duty, notwithstanding the statutes relating to double pay. Yates v. U. S. (1890), 25 Ct. Cl. 296. Compensation for overtime.-Where a Government employee renders two distinct, entire statutory days' services, though in one calendar day of 24 hours, he is as much entitled to compensation for the one statutory day as for the other. Garlinger v. U. S. (1895), 30 Ct. Cl. 473. Computation of overtime compensation.The computation of extra time will follow the general usage of the Treasury, and be reckoned by taking a day as the three hundred and sixty-fifth part of a year. In re the Letter-Carriers' Cases (1892), 27 Ct. Cl. 244. Holding separate offices.-The statutes prohibiting extra compensation do not prevent a person from holding two distinct offices, appointments, or positions, not otherwise forbidden, and not incompatible with each other, and drawing the salary attached to each. U. S. v. Saunders (1887), 7 Sup. Ct. 467, 120 U. S. 126, 30 L. Ed. 594. The purpose of this section and the two following sections, considered in pari materia, was to prevent a person holding an office or appointment for which the law provides a definite compensation from receiving extra compensation for other services which may be required of him by act of Congress, or by the head of his department, or in any other mode; but the sections have no application in the case of two distinct offices or employments, each of which has its own duties and its own compensation, which offices may be held by one person at the same time. Woodwell 0. U. S. (1909), 29 Sup. Ct. 576, 579, 214 U. S. 82, 87, 53 L. Ed. 919. The statutes prohibit additional compensation to public officers, but do not apply to the salaries of two offices properly held by the same person. Collins v. U. S. (1879), 15 Ct. Cl. 22. A person may hold two offices and receive the salaries of both; each having its own duties and compensation, and they not being incompatible. Crosthwaite v. U. S. (1895), 30 Ct. Cl. 300. These provisions do not prohibit the holding by the same person of two distinct offices, each with its own compensation and duties. Pack v. U. S. (1906). 41 Ct. Cl. 414; [C. S. p. 4440]. But this rule has been changed as to officers having a salary of $2,500 by post, 68. Pack v. U. S. (1906), 41 Ct. Cl. 414. The Secretary of the Treasury can not by means of regulations, divide a day's service into parts, and attach to each part the pay for a full day's work. U. S. v. Garlinger (1897), 18 Sup. Ct. 364, 169 U. S. 316, 42 L. Ed. 762. Where two incompatible offices are held by the same person, to which are attached different salaries, he is entitled to the larger. Winchell v. U. S. (1892), 28 Ct. Cl. 30. Compatible offices.-A retired Army major of Engineers and agent in charge of river and harbor work at Wilmington, Del. (1889) 19 Op. Atty. Gen. 283. Incompatible offices. Two offices are incompatible when a performance of the duties of the one will prevent or conflict with the performance of the duties of the other, or when the holding of the two is contrary to the policy of the law. Crosthwaite v. U. S. (1895), 30 Ct. Cl. 300; (1898) 22 Op. Atty. Gen. 237. The duties of the following offices have been held to be incompatible: Chief of the Record and Pension Office of the War Department, with the rank and pay and allowance of a colonel, and a surgeon of the Army. (1892) 20 Op. Atty. Gen. 427. A retired Army officer and a consular or diplo matic post. Badeau v. U. S. (1889). 9 Sup. Ct. 579, 582, 583, 130 U. S. 439, 32 L. Ed. 997. No 72. Dual salary not allowed to a person drawing $2,500 yearly.-" 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 whenever they may be elected to public office or whenever the President shall appoint them to office, by and with the advice and consent of the Senate. Sec. 2, act of July 31, 1894 (28 Stat. 205), making appropriations for legislative, executive, and judicial expenses. Other provisions relating to retired officers of the Army or Navy serving in other capacities were made by R. S. secs. 1223, 1260, and subsequent statutes set forth post, 2375, 2428, and by sec. 7, act June 3, 1896, post, 2443. Notes of Decisions. Dual salary.-Where the compensation of er is fixed by statute it may not be Aminished by regulation of a department warder of the President unless empowered to by Congress, but where appointment tertain offices is claimed and so to bed wonid involve a construction that the « TETIB DT was invalid under the act of Jet 21, 1994 (28 Stat. 205), the court must the view that a legal appointment vas contemplated, and hence that the claim. It was not appointed to two offices. McMato e U. S (1916), 51 Ct. Cl. 356. A retired officer of the Navy, whose red pay amounts to $2,500 per annum, is mergible to hold office as a clerk of class 3 der the United States Civil Service Comson, as such clerkship is an office within This section. (1912), 29 Op. Atty. Gen. See, nisa, notes to post, 91. Term to commence in futuro.—Accepting 134pointment to an office, the term of whats to commence in futuro, does not, om such term actually commences, affect an office previously held by the appointee. diseli, 20 Op Atty. Gen. 593. Appointment of retired Army or Navy effrer. - A retired Army Officer may be emvimed by the War Department to supertise work, where he could not have been asto that duty, notwithstanding the Fres relating to double pay. Yates v. 18. 1890), 25 Ct. Cl. 296. A retired Army officer is not prohibited by law from holding an office in an executive department, the salary of which is less than $2.500, nor from receiving the salary thereof in addition to his retired pay, though his retired pay amounts to more than $2,500 per annum. Collins v. U. S. (1879), 15 Ct. Cl. 22. A retired naval officer whose compensation as such amounts to $2,500 per annum is ineligible to appointment as a commercial attaché under the act of July 16, 1914 (38 Stat. 500). (1914) 30 Op. Atty. Gen. 298. "Office" construed.-An act of Congress authorizing the expenditure of money for the employment of a competent mathematician to supervise the completion of certain tables of planets, providing no permanency to the terra, no requirement that the person employed shall either take an official oath or receive a commission, and no formalities in the selection of such an employee, does not create an office. (1897) 21 Op. Atty. Gen. 507. Special assistant to the United States attorney for New Mexico held not within the term "any other office," of this section; but otherwise if a regular assistant district attorney. (1895) 2 Comp. Dec. 271. For difference between an office and employment, see U. S. v. Hartwell (1867) 6 Wall. 385, 393; Hall v. Wisconsin (1880) 103 U. S. 5. 73. Dual salary not to exceed $2,000.-That unless otherwise specially authorited by law, no money appropriated by this or any other Act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum, but this shall not apply to retired officers or enlisted men of the Army, Navy, Marine Corps, or Cast Guard, or to officers and enlisted men of the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia : Provided, That no such retired officer, officer, or enlisted man shall be denied or deprived of any of his pay, salary, or compensation as such, or of any other sary or compensation for services heretofore rendered by reason of any deetsson or construction of said section six. Sec. 6, act of May 10, 1916 (39 siet. 120), as amended by act of Aug. 29, 1916 (39 Stat. 582), making appropriateous for the naval service. Provided, 74. Salary not to be supplemented from a private source.Tat on and after July first, nineteen hundred and nineteen, no Government al or employee shall receive any salary in connection with his services as en h an official or employee from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, evur.13, or municipality, and no person, association, or corporation shall make any evuribution to, or in any way supplement the salary of, any Government ial or employee for the services performed by him for the Government of the United States. Any person violating any of the terms of this proviso shall |