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contributions and

the time of making the application, as well as how long he or she has been a resident of such place.

Fourth, that there shall be a period of probation before Probution. any absolute appointment or employment aforesaid.

Fifth, that no person in the public service is for that, Political reason under any obligations to contribute to any political service. fund, or to render any political service, and that he will not be removed or otherwise prejudiced for refusing to do so.

Sixth, that no person in said service has any right to use Coercion. his official authority or influence to coerce the political action of any person or body.

Seventh, there shall be noncompetitive examinations in Noncompetiall proper cases before the commission, when competent tions. persons do not compete, after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the commissioners as to the manner of giving notice.

Eighth, that notice shall be given in writing by the ap- changes in serv! pointing power to said commission of the persons selected ice. for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such persons after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by said commission.

And any necessary exceptions from said eight fundamen- Exceptions to tal provisions of the rules shall be set forth in connection with such rules, and the reasons therefor shall be stated in the annual reports of the commission.

Third. Said commission shall, subject to the rules that Regulations may be made by the President, make regulations for, and tions. have control of, such examinations, and, through its members or the examiners, it shall supervise and preserve the Minutesof prorecords of the same; and said commission shall keep minutes of its own proceedings.

Fourth. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this act.

Fifth. Said commission shall make an annual report to the President for transmission to Congress, showing its own


for examina



Annual report.

Chief exam. iner.

Sec. 3, ibid.


action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. Sec. 2, act of January 16, 1883 (22 Stat. L., 403).

148. Said commission is authorized to employ a chief examiner, a part of whose duty it shall be, under its direction, to act with the examining boards, so far as practicable, whether at Washington or elsewhere, and to secure accuracy, uniformity, and justice in all their proceedings, which shall be at all times open to him. The chief examiner shall be entitled to receive a salary at the rate of three thousand dollars a year, and he shall be paid his necessary traveling expenses incurred in the discharge of his duty. The commission shall have a secretary, to be appointed by the President, who shall receive a salary of one thousand six hundred dollars per annum.

It may,

when necessary, Stenographer employ a stenographer and a messenger, who shall be

paid, when employed, the former at the rate of one thousand six hundred dollars a year, and the latter at the rate of six hundred dollars a year. The commission shall, at Washington, and in one or more places in each State and Territory where examinations are to take place, designate and select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the depart

ment or office in which such persons serve, to be members Boards of ex-of boards of examiners, and may at any time substitute

any other person in said service living in such State or Territory in the place of any one so selected. Such boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend before them; and where there are persons to be examined in any

State or Territory, examinations shall be held therein at Duties of pub- least twice in each year. It shall be the duty of the col

lector, postmaster, and other officers of the United States, at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations, and in all proper ways to facilitate the same. Sec. 3, ibid.

149. Any said commissioner, examiner, copyist, or messenger, or any person in the public service who shall willfully and corruptly, by himself or in cooperation with one


lic officers.

Sec. 5, ibid.

or more other persons, defeat, deceive, or obstruct any person in respect of his or her right of examination according to any such rules or regulations, or who shall willfully, corruptly, and falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined hereunder or aid in so doing, or who shall willfully and corruptly make any false representations concerning the same or concerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, being appoined, employed, or promoted, shall for each such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not less than ten days, nor more than one year, or by both such fine and imprisonment. Sec. 5, ibid.

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150. After the expiration of six months from the pas- Examination sage of this act no officer or clerk shall be appointed, prúnturint 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 herein contained shall be construed to take from those honorably discharged from the military or naval service any preference conferred by the seventeen hundred and preference fifty-fourth section of the Revised Statutes' nor to take Sec. 1754, R. S. from the President any authority not irconsistent with this act conferred by the seventeen hundred and tifty-third Exclusione section of said statutes; nor shall any officer not in the executive branch of the Government, or any person merely employed as a laborer or workman, be required to be classified hereunder; nor, unless by direction of the Senate, shall any person who has been nominated for confirmation by the Senate be required to be classified or to pass an examination. Sec. 7, ibid.

151. No person habitually using intoxicating beverages Persons using to excess shall be appointed to, or retained in, any office, lewerages ineli appointment, or employment to which the provisions of ment. this act are applicable. Sec. 8, ibid.

gible to appoint

Sec, 8, ibid.

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Members of a family.

Sec. 9, ibid.

Recommendation by members of Congress.

Sec. 10, ibid.

152. Whenever there are already two or more members of a family in the public service in the grades covered by this act, no other member of such family shall be eligible to appointment to any of said grades. Sec. I,

Sec. 9, ibid. 153. No recommendation of any person who shall apply for office or place under the provisions of this act which may be given by any Senator or Member of the House of Representatives, except as to the character or residence of the applicant, shall be received or considered by any person concerned in making any examination or appoint

ment under this act. Sec. 10, ibid. Applications 154. Hereafter every application for examination before for examination to be accompa: the Civil Service Commission for appointment in the decate of residence partmental service in the District of Columbia shall be


accompanied by a certificate of an officer, with his official seal attached, of the county and State of which the applicant 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 Preceding sec. period of not less than six months next preceding; but this tion not to apply to promotion, provision shall not apply to persons who may be in the sery

ice and seek promotion or appointment in other branches of the Government. Act of July 11, 1890 (26 Stat. L., 235).


26, p. 235.



Official paths.

May 13, 1881, s. 2, 7. 23, p. 22.

155-156. Official oaths.

159–160. Who may administer. 157. Removal of disabilities.

161. The same,

chief clerks. 158. Oath of office.

162. Custody of oaths. 155. Section seventeen hundred and fifty-six of the Revised Statutes 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. %, act of May 13, 1884 (23 Stat. L., 22).

156. The provisions of this act shall in no manner affect any right, duty, claim, obligation, or penalty now existing


Not to affect existing rights, cte.

Ibid., 8. 3.

Whether there are already two or more members of a family in the public service, as provided in section 9, is a question of fact to be determined by the Civil Service Commission. XVII Opin. Att. Gen., 554,

2 Paragraph 158, post.

30, p. 432.

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is elected or ap- July 11, 1868, c.

Oath of office.

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Sec. 1767, R.S.

or already incurred; and all and every such right, 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,

Sec. 3. ibid. 157. The disability imposed by section three of the four-Removal of teenth amendment to the Constitution of the United States. June 6, 1898, V-heretofore incurred is hereby removed. Act of June 6, 1898 (30 Stat. L., 432).

158. Whenever any person pointed to any office of honor or trust under the Govern - 139, v, 15, P: 85 ment of the United States,

he shall, before 53. v. 16. P: 412. entering upon the duties of his office, take and subscribe in lieu of that oath the following oath:1 “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 faith 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 me God.” Act of June 6, 1898 (30 Stat. L., 432).

159. The oath of office required by the preceding section mighterman admay be taken before any officer who is authorized either by Aug; 6, 1861, c. the laws of the United States, or by the local municipal 326. law, to administer oaths, in the State, Territory, or dis- 1884, 23:22 trict where such oath may be administered.'

64, 2, v. p.

Sec. 2, May 13,

. , R.S.

'The disabilities to hold office under the United States imposed under the authority conferred by section 3 of the fourteenth amendment to the Constitution, and which were embodied in section 1218 of the Revised Statutes, as modified by the acts of May 13, 1884 (23 Stat. L., 21), and March 31, 1896 (29 Stat L., 84), were, by the act of June 6, 1898, finally and entirely removed.

? For definition of office see U. 8. v. Germaine, 99 U. S., 508, and Mouat v. U. S., 124 U. S., 303. See, also, note 1 to paragraph 4, ante. Clerks appointed by the head of an Executive Department are officers, and are required by the Constitution to take the oath of office. `1 Compt. Dec., 4. An employee whose compensation is fixed by the head of an Executive Department is not required to take a new oath of office when his compensation is increased. Ibid., 267. "When by law a change is made in the compensation of an office, and in the manner in which such compensation shall be ascertained, the incumbent thereof is entitled from the date of the act to the compensation so fixed and is not required to take a new oath of office. Ibid., 313.

Under the act of February 14, 1889 (25 Stat. L., 670), S. was appointed from civil life to the position of major of engineers in the Army, and thereupon was placed on the retired list of the Army as of that grade; advised, that he must ake the oath required by section 1756 of the Revised Statutes, and that this act would be in law legal acceptance of the office, and, as such, a sufficient formal acceptance. XIX Opin. Att. Gen., 283.

Section 1757, Revised Statutes, and the act of May 13, 1884 (23 Stat. L., 22), which require generally that an officer shall take the oath of office prescribed before entering upon the duties of his office" are directory only (U. S. V. Eaton, 169 U. S., 331), and a deputy clerk of a United States court whose acceptance of office on the same day he was appointed was evidenced by his entrance upon duty, and who subsequently took the oath, is entitled to compensation from that day. 4 Compt. Dec.,

See paragraph 158, ante.

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