the direction of the President, and for facilitating the execution of this act, respectively revise any then existing classification or arrangement of those in their respective departments and offices, and shall, for the purposes of the exammation herein provided for, include in one or more of such classes, so far as practicable, subordinate places, clerks, and officers in the public service pertaining to their respective departments not before classified for examination. Ser. 6, ibid. required for ap promotion. claimants, 93 That after the expiration of six months from the Examination passage of this act no officer or clerk shall be appointed, pointment and and no person shall be employed to enter or be promoted " Sec. 7, ibid. 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 herem contained shall be construed to take from those honorably discharged from the military or naval service Preference any preference conferred by the seventeen hundred and 1754, R. S Lity fourth section of the Revised Statutes,' nor to take from the President any authority not inconsistent with this act conferred by the seventeen hundred and fifty-third Exclusions. section of said statutes; nor shall any officer not in the executive branch of the Government, or any person merely er ployed as a laborer or workman, be required to be classiBed hereunder; nor, unless by direction of the Senate, still any person who has been nominated for confirmation by the Senate be required to be classified or to pass an examination. Sec. 7, ibid. intoxicating 94. That no person habitually using intoxicating bever- Persons using ages to excess shall be appointed to, or retained in, any beverages incl otce, appointment, or employment to which the provisions t of this act are applicable. Sec. &, ibid. bec. 8, ibid. Members of a family 95. That whenever there are already two or more members of a family in the public service in the grades covered "Sec. 9, ibid. by this act, no other member of such family shall be eligible to appointment to any of said grades. Sec. 9, ibid. tion by Members bec. 19, ið d. 96 That no recommendation of any person who shall Recommendaapply for office or place under the provisions of this act of Congress which may be given by any Senator or Member of the House of Representatives, except as to the character or tes dence of the applicant, shall be received or considered by any person concerned in making any examination or a; pointment under this act. Sec. 10, ibid. Political a 8sessments. Sec. 11, ibid. Soliciting contributions for po forbidden. Sec. 12, ibid. 97. That no Senator, or Representative, or Territorial Delegate of the Congress, or Senator, Representative, or Delegate elect, or any officer or employee of either of said houses, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any Department, branch, or bureau of the executive, judicial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever from any officer, clerk, or employee of the United States, or any Department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. Sec. 11, ibid. 98. That no person shall, in any room or building occulitical purposes pied in the discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navy-yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose whatever. Sec. 12. ibid. Change of rank or compensation. Sec. 13, ibid. Political contributions forbid. den. Sec. 14, ibid. Penalty for violation of preceding sections. Sec. 15, ibid. for examination 99. No officer or employee of the United States mentioned in this act shall discharge, or promote, or degrade, or in any manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose. Sec. 13, ibid. 100. That no officer, clerk, or other person in the service of the United States shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of the House of Representatives, or Territorial Delegate, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever. Sec. 11, ibid. 101. That any person who shall be guilty of violating any provision of the four foregoing sections shall be deemed guilty of a misdemeanor, and shall, on conviction thereof. be punished by a fine not exceeding five thousand dollars, or by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the discretion of the court. Sec. 15, ibid. Applications 102. That hereafter every application for examination to be accompa- before the Civil Service Commission for appointment in the cate of residence. Departmental service in the District of Columbia, shall be nied by certiti accompanied by a certificate of an officer, with his official July 11, 1890, v. 26, p. 235. seal attached, of the county and State of which the appli cant claims to be a citizen, that such applicant was, at the time of making such application, an actual and bona fide resident of said county, and had been such resident for a period of not less than six months next preceding; etc. 103. But this provision shall not apply to persons who Preceding sec tion not to apply may be in the service and seek promotion or appointment to promotion, in other branches of the Government. Act of July 11, 10 (26 Stat. L., 235). 104. That section seventeen hundred and fifty-six of the Revised Statutes be, and the same is hereby, repealed; and hereafter the oath to be taken by any person elected or appointed to any office of honor or profit either in the civil, military, or naval service, except the President of the United States, shall be as prescribed in section seventeen hundred and fifty-seven of the Revised Statutes. But this repeal shall not affect the oaths prescribed by existing statutes in relation to the performance of duties in special or particular subordinate offices and employments. Sec. 2, act May 13, 14 (23 Stat. L., 22). Official oaths. May 13, 1884, 8. 2, v. 23, p. 22. Not to affect existing rights, 105. That the provisions of this act shall in no manner affect any right, duty, claim, obligation, or penalty now etc. May 13, 1884, 8. existing or already incurred; and all and every such right, 3, v. 23, p. 22. duty, claim, obligation, and penalty shall be heard, tried, and determined, and effect shall be given thereto, in the same manner as if this act had not been passed. Sec. 3, sind. 106. Whenever any person who is not rendered ineligible to office by the provisions of the fourteenth amendment to the Constitution is elected or appointed to any office of honor or trust under the Government of the United States, and is not able, on account of his participation in the late rebellion, to take the oath prescribed in the preceding seetion, he shall, before entering upon the duties of his office, Like and subscribe in lieu of that oath the following oath: I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true fa th and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help The God."1 Oath for certain persons. July 11, 186, e. 139, v. 15, p. 85; Feb. 15, 1871, c. 53, v. 16, p. 412. Sec. 1757, B. S. e-tein of offer see Ľ. 8. v. Germaine, 99 U. 8. 50% and Mouat v. U. 8. 124 minister oath. 64, s. 2, v. 12, p. 326. Who may ad- 107. The oath of office required by the preceding section Aug. 6, 1861, c. may be taken before any officer who is authorized either by the laws of the United States, or by the local municipal 1884, v. 23, p. 22. law, to administer oaths, in the State, Territory, or DisSec. 1758, R. S. trict where such oath may be administered. Sec. 2, May 13, 128, v. 12, p. 502. Sec. 1759, R. S. Custody of oath. 108. The oath of office taken by any person pursuant to July 2, 1862, c. the requirements of section seventeen hundred and fiftysix, or of section seventeen hundred and fifty-seven, shall be delivered in by him to be preserved among the files of the House of Congress, Department, or court to which the office in respect to which the oath is made may appertain. 109. No money shall be paid from the Treasury to any person acting or assuming to act as an officer, civil, mili25, s. 2, v. 12, p. tary, or naval, as salary, in any office when the office is not authorized by some previously existing law, unless such Sec. 1760, R. S. office is subsequently sanctioned by law. Unauthorized office, no salary for. Feb. 9, 1863, c. 646. certain appoint cies during re No salaries to 110. No money shall be paid from the Treasury, as salary, ees to fill vacan to any person appointed during the recess of the Senate cess of Senate. to fill a vacancy in any existing office, if the vacancy exFeb. 9, 1863, c.isted while the Senate was in session and was by law required to be filled by and with the advice and consent of Sec. 1761, B. S. the Senate, until such appointee has been confirmed by the 25, s. 2, v. 12, p. 646. Senate. Salaries to offi- 111. No money shall be paid or received from the Treas cers improperly holding over. 431. Sec. 1762, R. S. Mar. 2, 1867, c. ury, or paid or received from or retained out of any public 154, s. 9, v. 14, p. moneys or funds of the United States, whether in the Treasury or not, to or by or for the benefit of any person appointed to or authorized to act in or holding or exercising the duties or functions of any office contrary to sections seventeen hundred and sixty-seven to seventeen hundred and seventy, inclusive; nor shall any claim, account, voucher, order, certificate, warrant, or other instrument providing for or relating to such payment, receipt, or retention, be presented, passed, allowed, approved, certified, or paid by any officer, or by any person exercising the fune tions or performing the duties of any office or place of trust under the United States, for or in respect to such office or the exercising or performing the functions or duties thereof. Every person who violates any of the provisions of this section shall be deemed guilty of a high misdemeanor, and shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both. Holding two offices by per 112. No person who holds an office the salary or annual Rons receiving compensation attached to which amounts to the sum of Sec. 2, July 31 two thousand five hundred dollars shall be appointed to or $2,500 forbidden, 1894, v. 28, p. 205. Repealed by act of May 13, 1884. (23 Stat. L., 22). excepted. hold any other oflice to which compensation is attached unless specially heretofore or hereafter specially authorized thereto by law; but this shall not apply to retired officers 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.1 Dec. 2, act of July 31, 1891 (28 Stat. L., 205). Sec. 1763, R. S. Extra services, no compensation cially authorized Aug 26, 1842, 113. No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which for, except espe belong to any other officer or clerk in the same or any other by law. Department; and no allowance or compensation shall be c. 202 s. 12, v. 5, p. made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law. •The traditions and usages of the United States recognize the policy and propriety of employing when necessary, the same person at the same time in two distinct Not to mention other familiar cases, there are the prominent examples of the dipsomatic mission of Mr. Jay to England, under President Washington, *** was at 1: Chief Justice of the United States, of the mission of Mr. Gallatin 1. donard St Petersburg, to negotiate a peace, while Secretary of the Treasury or Prys Jet Madison, and of Mr. Justice Nelson, sitting as a member of the n which concluded the treaty of Washington, under President Grant. ** other hand it is the undoubted aim of general legislation respecting salaries e the work so as to give full employment to the capacities of the man likely al ported to do it and to measure the pay according to the work. In con amatien rentraining the Executive from giving dual or extra compensation, taka e aimed to carry out the legislative intent by giving them sufficient flexito not to uncare the public service and sufficient rigidity to prevent executive Land US 16 C Cl■ R 74 82. The great object has been to estabby law the compensation for public services, whether in offices or agencies, To the nature and character of the duties to be performed were sufficiently known šte to ena je Congress to form an estimate of its value, and not leave it to n of the be ud of an Executive Department. * These sections "can ttarjretation be held to embrace an employment which has no affinity or & either in its character or by law or use with the line of his official by where the service to be performed is of a different character and for a dif ty are and the amount of compensation is regulated by law.. The just feren e from these acts of Congress taken together is that no discretion 1 to the bead of a D» partment to allow an officer, who has a fixed compensation, oud hos na ars unless the service he has performed is required by ms and the remuneration for them is fixed by law Converse . U. S 479 47% U. S Brindle 119 US 686 694. T. 8. r. Shoemaker 7 Mar 18, 19 C. Cần 13, 497–15 Opin. Att Gen 608. Paing arisen as to the payment of a per diem to the members and en pitres of the Bering Sea Tribunal of Arbitration it was held - Aa to • Have and sator Morgan, that the terms of section 1763 of the Revised as amended by the act of July 1 104 (2×stat. D 205), did not apply as art been appointed to separate and d stinct offices not incompatroje with the ** * of the Suiterie Court Menator of the United States, and retired Passer to to them were therefore allowed 1. 8e Saunders. 129 U. S.126 Natalie Morgan. It was held that mencwrship of a tri bo al of arbitration did **** te tie hood ng of office under the authority of the United States under #6 of th Const Lufion and that Senator Mor, in was not thereby ted from wit ng thereon The pas ment of per diem allowances to clerks and vers of the United States who hid bert, de varied from the several par meita to waist the tribunal in ita ishora was held to be unau arme ti n 17% of the Revised Statutes Hed under this section, that jous mater in the Army detalind an dish trait g off cer of the Bering Att fration at Pa's cold not receive aby offer allowances of exte than theme specified in this section as allowable to officers of the Army. u for extra wrukces, where no certain allowance is fired by law, is opted to the intimal on 150pin Att Ges 465 1 x2 Shoemaker 7 WANAN Stannbary C.8. 525. Sec. 1764, R. S. |