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Correspondence with the Office of Internal Revenue. (Int.
Rev. Cir. No. 550; T. D. 1900, No. 29: Reg. No. 2 revised, p. 106.)

Dept. Cir. No.30, Apr. 28, 1908.
Formulas for official communications.
Official correspondence. (T. D. 1572, Dec. 9, 1909.)

An act to regulate and improve the civil service of the United
States (civil-service act). Act January 16, 1883 (22 Stat., 403).

Civil-service rules and executive orders, with notes on the
rules and legal decisions, edition of 1910.

Subordinate officers of the several departments should com-
municate with Congress on matters involving legislation through
the heads of their departments. (17 Op. Atty. Gen., 254.)

Pres. Taft's order prescribing method of communication with
Congress. (Dept. Cir. No. 64, 1909, T. D. 30151.)

Pres. Roosevelt's order. (Dept. Cir. No. 11, Jan. 29, 1906.)
Employee wrongfully suspended. (Civil-service law; U.S. v.
Wickersham, 201 U. S., 390.)

Reinstatements. (19 Op. Atty. Gen., 416, 434, 533; 25 ibid.,

With the exception of section 13, act of January 16, 1883, reproduced in section 120 of the criminal code (act of Mar. 4, 1909), which prohibits promotion, degradation, removal, or discharge of any officer or employee for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose, no legislative declaration expressly bearing upon removals from office is made. (Taylor v. Taft, 24 App. D. O., 95.)

Civil-service rules promulgated by the Executive, so far as
they deal with the Executive right of removal, are but expres-
sions of the will of the President, and are regulations imposed
by him upon his own action, or that of heads of departments
appointed by him. They do not give the employees within the
classified civil service any such tenure of office as to confer upon
them a property right in the office or place. (Morgan v. Nunn
(1898), 81 Fed. Rep., 551; Page v. Moffett, 85 Fed. Rep., 38;
T. D. 19027, 1898; Keim v. U. S., 177 U. S. 290, affirming 33
Ct. Cls., 174.)

Members of a family in public service limited. (18 Op. Atty.
Gen., 83; 26 ibid., 260, 301.)

Monthly salaries. Method of prorating for fractional part of
a month. (XIII Comp. Dec., 1.)

Rules for division of time and computation of pay for persons in the Government service receiving a yearly or monthly compensation. (Sec. 6, Act of June 30, 1906; 34 Stat., 763 (sundry

civil appropriation act); Dept. Cir. No. 67, July 5, 1906.) Sec. 7. [Act of March 15, 1898; 30 Stat., 317. (Legislative, executive, and judicial appropriation act.)]

That section five of the Act making appropriations for legislative, executive, and judicial expenses, approved March third, eighteen hundred and ninety-three, is hereby amended to read as follows:

Hereafter it shall be the duty of the heads of the sev- Seven hours' eral Executive Departments, in the interest of the public clerks and other service, to require of all clerks and other employees, of employees. 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 Depart ments 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: Provided Thirty, day's further, That the head of any Department may grant with pay.

thirty days' annual leave with pay in any one year to Thirtyd a ys each clerk or employee: And provided further, That where nual leave in case some member of the immediate family of a clerk or of sickness, etc.

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 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. **

The act of July 7, 1898 (30 Stat., 653), provides that “Nothing contained in section seven of the act making appropriations for the 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. (Dept. Cir. No. 52, July 7, 1908.)

Hours of labor. (Cir. No. 655; T. D. 756.) Time records. Hours of work (Cir. No. 67, Dec. 27, 1910. T. D. 31150).

Meaning of the phrase "Exceptional and meritorious.' (20 Op. Atty. Gen., 716.)

Recording clocks not to be used. (Act July 7, 1898; 30 Stat., 655.)

It shall be the duty of the heads of the several executive departments of the Government to report to Congress each year in the annual estimates the number of employees in each bureau and office and the salaries of each who are below a fair standard of efficiency. (Sec. 2, act of July 11, 1890, Supp. R. S., vol. 1,

2d ed., p. 773; 26 Stat., 268.)

SEC. 4. [Act of February 24, 1899; 30 Stat., 889. (Legisservice lative, executive, and judicial appropriation act, 1900.)] extended.

Term of temporary

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No service roll.

honorary 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 proThirty days'hibited: Provided, That the thirty days' annual leave of angerade 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.

Dept. Cir. No. 66, December 12, 1910. Regulations relative to leaves of absence promulgated; effective January 1, 1911.


SEC. 3. [Extract from the legislative, executive, and judi- Temporary cial appropriation act for the fiscal year ending June 30, to classified serv1903, approved Apr. 28, 1902. (32 Stat., 120, 171.)]

That the additional clerks on the temporary rolls and other employees rendered necessary because of increased work incident to the war with Spain, and under the Act of June thirteenth, eighteen hundred and ninety-eight, providing for war expenditures and for other purposes, heretofore appointed and who are now employed in the several departments of the Government, are hereby transferred to the classified service as of their present grade or rate of compensation, respectively, and shall be continued in the several departments where now employed, without further examination, subject, however, to transfer, promotion, or removal the same as other clerks and employees in the classified service.


Previous laws providing for temporary clerks.
Section 3, act of June 13, 1898 (30 Stat., 448).

Act of July 7, 1898, deficiency appropriation bill (30 Stat.,
696, 705). This act provided for an appropriation of $500,000
for additional temporary force in the Internal-Revenue Service,
to be available during the fiscal year 1899, the office force in the
Internal-Reveune Bureau to be appointed by the Secretary of
the Treasury on the recommendation of the Commissioner of
Internal Revenue.

Act of February 24, 1899, legislative, executive, and judicial appropriation act for 1900 (30 Stat., 865).

Appropriation act for 1901, legislative, executive, and judicial, approved April 17, 1900 (31 Stat., 107, 133).

Appropriation act for 1902, legislative, executive, and judicial, approved March 3, 1901 (31 Stat., 982, 1009). SEC. 4. [Extract from the legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1909, approved May 22, 1908. (35 Stat., 244.)] It Travel shall be the duty of the head of each executive ment employees department and other government establishment at he annually me Washington to submit to Congress at the beginning of ported. each regular session a statement showing in detail what officers or employees (other than special agents, inspectors, or employees, who in the discharge of their regular duties are required to constantly travel) of such executive department or other government establishment have traveled on official business from Washington to points outside of the District of Columbia during the preceding fiscal year, giving in each case the full title of the official or employee, the destination or destinations of such travel, the business or work on account of which the same was made, and the total expense to the United States charged in each case.



[Extract from the legislative, executive, and judicial appro

priution act for the fiscal year ending June 30, 1911, approved June 17, 1910 (36 Stat., 494)].

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For salaries and expenses of collectors of internal revenue, and deputy collectors, and surveyors, and clerks, messengers, and janitors in internal-revenue offices, two million one hundred and thirty-five thousand dollars: Provided, That no part of this amount be used in defray

ing the expenses of any officer, designated above, subExpenses et of pænaed by the United States courts to attend any trial

before a United States court or preliminary examination before any United States commissioner, which expenses shall be paid from the appropriation for “Fees of witnesses, United States courts."

For salaries and expenses of forty revenue agents pro

vided for by law, and fees and expenses of gaugers, salaForty revenue ries and expenses of storekeepers and storekeeper-gaugers,

two million four hundred and twenty thousand dollars.

For rent of offices outside of the District of Columbia, telephone service, and other miscellaneous expenses inci

dent to the collection of internal revenue, and for the Miscellaneous purchase of necessary books of reference and periodicals

for the chemical laboratory and law library, at a cost not to exceed five hundred dollars, and reasonable expenses for not exceeding sixty days immediately following the injury of field officers or employees in the internal-revenue service while in line of duty, of medical attendance, surgeon's and

hospital bills made necessary by reason of such injury, and Injuries ro for horses crippled or killed while being used by officers in

making raids, not exceeding one hundred and fifty dollars for any horse so crippled or killed, one hundred thousand dollars.



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The portion italicized was in the legislative, executive, and judicial appropriation act for 1910 (act of Mar. 4, 1909; 35 Stat., 845, 871; T. D., 1363; T. D. 1640).

The Act making appropriations for the legislative, executive, and judicial expenses of the government for the fiscal year ending June 30, 1912, contained the same provisions as above, except the amount appropriated for salaries and expenses of collectors, etc., was $2,150,000, and the amount for salaries and expenses of 40 revenue agents, etc., was $2,520,000. (36 Stat., 1196.) For expenses of collecting the corporation tax, see p. 328.

That hereafter law books, books of reference, and periodicals for use of any Executive Department, or other Government establishment not under an Executive Department, at the seat of government, shall not be purchased or paid for from any appropriation made for contingent expenses or for any specific or general purpose unless such purchase is authorized and payment therefor specifically provided in the law granting the appropriation. [Sec. 3, legislative, executive, and judicial appropriation act, approved Mar. 15, 1898 (30 Stat., 277).]

Books of reference defined. (VI Comp. Dec., 227, 312.)




Sec. 7. (Act of Mar. 15, 1898; 30 Stat., 316. (Legislative, executive, and judicial appropriation act for 1899.)]

Hereafter it shall be the duty of the head of each Executive Department to require monthly reports to Monthly be made to him as to the condition of the public business ports on condiin 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.

Hereafter it shall be the duty of the head of each Executive Department, or other Government establishment at the seat of government, not under an Executive Department, to make at the expiration of each quarter Quarterly of the fiscal year a written report to the President as to ports. the condition of the public business in his Executive Department or Government establishment, and whether any branch thereof is in arrears.

SEC. 239. Separate accounts shall be kept at the Account of reDepartment of the Treasury of all moneys received from celpts of internal internal duties or taxes in cach of the respective States, Territories, and collection-districts, and of the amount of each species of duty and tax that shall accrue; so as to exhibit, as far as may be, the amount collected from each source of revenue, with the moneys paid as compensation and for allowances to the collectors and deputy collectors, inspectors, and other officers employed in each of the respective States, Territories, and collection districts.

SEC. 261. The Secretary of the Treasury shall annually, in the month of December, lay before Congress an nal tuxes. abstract, in tabular form, of the separate accounts of moneys received from internal duties or taxes in each of the respective States, Territories, and collection-districts, required by section two hundred and thirty-nine, to be kept at the Treasury.

Annual detailed report of receipts and expenditures. Section 15, act of July 31, 1894 (28 Stat., 210). Sec. 196. The head of each Department, except the Annual report Department of Justice, shall furnish to the Congressional partment. Printer copies of the documents usually accompanying his annual report, on or before the first day of November in each year, and a copy of his annual report on or before the third Monday in November in each year. Provided, That of the reports of

the Commissioner of Internal Revenue,

the usual number only shall be printed. Act of January 12, 1895 (28 Stat., 601, 616); Supp., R. S., vol. 2, p. 356.

No head of any Executive Department, or of any bureau, branch, or office of the Government, shall cause to be printed, nor shall the Public Printer print, any document or matter except that which is authorized by law and necessary to the public business; and executive officers, before transmitting their annual reports, shall carefully examine the same and all

Abstract of receipts from inter




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