United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 13 of 150)
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Persons honorably discharged from the military or naval service by
reason of disability resulting from wounds or sickness incurred in the
line of duty, shall be preferred for appointments to civil offices, pro-
vided they are found to possess the business capacity necessary for
the proper discharge of the duties of such oflSces.
Kes. March 3, 1865, No. 27, § 1, 13 Stat. 571.

The preference conferred by this section was not taken away by the Civil
Service Act of Jan. 16, 1883, c 27, post, §§ 3271-3282, by a provision of
section 7 thereof, post, f 3278.

The heads of the executive departments, in making any reduction of their
clerical force, were required to retain persons equally qualified, who had been
honorably discharged from the military or naval service, and the widows and
orphans of deceased soldiers and sailors, by a provision of Act Aug. 15, 1876,
c 287, ( 3, ante, ( 245.

§ 3215. (R. S. § 1755.) Recommendation for emplo3mient of such
persons*
In grateful recognition of the services, sacrifices, and suffetings
of persons honorably discharged from the military and naval service
of the country, by reason of wounds, disease, or the expiration of
terms of enlistment, it is respectfully recommended to bankers, mer-
chants, manufacturers, mechanics, farmers, and persons engaged in
industrial pursuits, to give them the preference for appointments to
remunerative situations and employments.
Be& March 3, 1865, No. 27, ( 2, 13 Stat 571.

(R. S. § 1756. Repealed.)

This section was as follows:

"Every person elected or appointed to any ofSce of honor or profit, either
in the civil, military, or naval service, excepting the President and the persons
embraced by the section following, shall, before entering upon the duties of
■nch office, and before being entitled to any part of the salary or other emolu-
ments thereof, take and subscribe the following oath: *I, A B, do solemnly
swear (or affirm) that I have never voluntarily borne arms against the Unit-
ed States since I have been a citizen thereof; that I have voluntarily given
no aid, countenance, counsel, or encouragement to persons engaged in armed
hostility thereto; that I have neither sought, nor accepted, nor attempted to
exercise the functions of any office whatever, under any authority, or pre-
tended authority, in hostility to the United States; that I have not yielded
a voluntary support to any pretended government, authority, power, or constitu-
tion within the United States, hostile or inimical thereto. And I do further
swear (or affirm) that, to the best of my knowledge and ability, 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.' "

It was repealed by Act May 13, 1884, c. 46, i 2, post, i 3216.

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g 3216 SEVERAL CLASSES OF OFFICBBS AND BMPLOTAs (Tit. 19

§ 3216. (Act May 13, 1884, c 46, § 2.) Form of oath of office;
repeal of R. S. § 1756, and efiFect thereof.
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 Presi-
dent of the United States, shall be as prescribed in section seven-
teen 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 sub-
ordinate offices and employments. (23 Stat. 22.)

This tcctioo and the section next following were tectioni 2 and 8 of an act
entitled *'An act amending the Revised Statutes of the United States in
respect of official oaths, and for other purposes."

SpcHon 1 of this act amended R. S. { 1218 ; but said section 1218 was re-
pealed by Act March 81, 1896, c 84, 20 SUt. 84. See note to said section.

Section 4 of this act repealed R. S. |f 820, 821.

§ 3217. (Act May 13, 1884, c. 46, § 3.) EfiFect of act on existing
rights, etc.
The provisions of this act shall in no manner affect any right,
duty, claim, obligation, or penalty now existing 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. (23
Stat. 22.)

See notes to preceding section.

§ 3218. (R. S. § 1757.) Oath for certain persons.

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 Gov-
ernment 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 section, he shall, before entering upon the duties of his
office, take 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 faith and allegiance to the same; that
I take this obligation freely, without any mental reservation or pur-
pose of evasion ; and that 1 will well and faithfully discharge the du-
ties of the office on which I am about to enter. So help me God."

Act July 11. 18C8, c. 139. 16 Stat. 85. Act Feb. 15. 1871, c. 63. 16 Sut 412.

This oath was to be taken by any person elected or appointed to any office
of honor or profit in the civil, military, or naval aenrice, except the President,
by Act May 13. 1884. c. 46. i 2, ante. § 3216.

The disability impoRed by the provision! of the fourteenth amendment to
the Constitution, referred to in this section, was removed by Act June 6. 1808.
c 389. post, f 8219.

The oath of alleidance. and to support the Constitution of the United Rtntes,
as required of persons in the civil service, was required of persons pmsecuting
claims before any of the Departments or Bureaus of ths United States, by
R. 8. I 3478. post, | 6386.

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Ch. A) SBVBRAL CLASSES OF OFFICERS AND EMPLOYlfiS § 3222

§ 3219. (Act June 6, 1898, c. 389.) Disability imposed by the
Fourteen^ Amendment to the Constitution removed.
The disability imposed by section three of the Fourteenth Amend-
ment to the Constitution of the United States heretofore incurred
is hereby removed. (30 Stat. 432.)

This was an act entitled "An act to remove the disability imposed by sec-
tion 3 of the Fourteenth Amendment to the Ck>nstitution of the United States."

Section 3 of the Fourteenth Amendment to the Constitution, referred to
in this act, provided that no person should be a Senator, Representative, or
hold any office, etc., who, having previously taken an oath, as a member of
Ck>ngre88 or as an officer of the United States, etc., to support the Constitu-
tion of the United States, had engaged in insurrection or rebellion against
the same, etc

§ 3220. (R. S. § 1758.) Who may administer oath.

The oath of office required by either of the two preceding section^
may be taken before any officer who is authorized either by the laws
of the United States, or by the local municipal law, to administer
oaths, in the State, Territory, or District where such oath may be
administered.

Act Aug. 6, 1861, c. 64, i 2, 12 Stat 326.

The two preceding sections of the Revised Statutes, mentioned In this sec-
tion, were K. S. f§ 1756, 1757. Section 1756 was repealed, and the oath pre-
scribed by section 1757 was to be taken by any person elected or appointed
to any office, except the President, by Act May 13, 1884, c. 46, | 2, ante, §
3216.

Officers, clerks, or other employes of any executive department who are
also notaries public, or otherwise authorized to administer oaths, were not
to charge or receive any fee for administering oaths of office to other em-
ployes, by a provision of Act Aug. 29, 1890, c. 820, § 1, post, f 3221.

The magistrates or other officers who may administer the oath of office
to collectors and other officers of the customs service were prescribed by R. S.
§ 2617, and by a provision of Act Feb. 8, 1875, c 36, § 11, post, $§ 5351, 5353.

§ 3221. (Act Aug. 29, 1890, c. 820.) Oaths of office to employ6s to
be administered without compensation.
No officer, clerk, or employee of any executive department who
is also a notary public or other officer authorized to administer
oaths, shall charge or receive any fee or compensation for adminis-
tering oaths of office to employees of such department required to
be taken on appointment or promotion therein. (26 Stat. 371.)

This was a provision, accompanying appropriations for the Auditors* OflSces
in the Treasury Department, in an act making appropriations for additional
clerical force, etc, cited aboVe.

Administration of oaths to expense accounts against the United States,
without compensation therefor, was provided for by Act Aug. 24, 1912, c 355,
i 8, post, i 3262.

§ 3222. (Act Aug. 29, 1890, c. 820.) Chief clerks of Departments,
etc., to administer oaths of office, without compensation there-
for.

The Chief Clerks of the several Executive Departments and of
the various bureaus and offices thereof in Washington, District
of Columbia, are hereby authorized and directed, on application
and without compensation therefor, to administer oaths of office

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§ 8222 SEVBaiL classes of officers and EMPLOTte (Tit 19

to employees required to be taken on their appointment or pro-
motion. (26 Sut. 371.)

This was a further provision of the act makinf appiopriatioBa for addi-
tional clerical force, etc^ cited abo^e.

§ 3223. (R. S. § 1759.) Custody of oath.

The oath of office taken by any person pursuant to the require-
ments [of section seventeen hundred and fifty- six, or) of section
seventeen hundred and fifty-seven, shall be delivered in bv 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.

Act Jaly 2, 1802, c. 128, 12 SUt 602.

The words of thia section, inclosed in brackets, "of section serenteen hnn-
dred and fifty-six, or," were superseded by the repeal of said section 1756,
with the further provision that oaths of office should be as prascribed by
R, S. I 1757, by Act May 13. 1884, c 46. § 2, ante, | 3216.

The oaths of subordinate officers of the customs were required to be taken
in duplicate, and one copy to be transmitted to the Commissioner of Customs,
and the other to be filed with the collector of customs for the district in which
the officer appointed acts, by Act Feb. 8, 1875, c. 36, § 11, post, § 5353. After
the abolition of the office of Commissioner of Customs by the Dockery Act of
July ai. 1894, c. 174, i 4. ante. ( 4(M. the copy of the oath previously required
to be filed with said officer wns required to be filed with the Secretary of the
Treasury, by Act March 2, 1J<)5. c 177, | 5. post, | 5354.

Other provisions of Act March 2, 18i)5, c 177. | 5, relating: to the cu8t«>dy
of bonds of various officers, are set forth post, | 3290. And still further pro-
viflioDs of the same section, for the examination, renewal, etc, of official bonds,
are also set forth post, U 3291, 3292.

§ 3224. (R. S. § 1760.) Unauthorized office, no salary for.

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.

Act Feb. 9, 1863. c. 25. | 2, 12 Stat. 046.

Payments for official or clerical compensation from appropriations for con-
tinicent, incidental, or miscellaneous purposes were also forbidden by R. 8. |
3682, post, § 6783.

The employment by the executive officers of the Government of any derk,
etc., in the executive departments at Washington or elsewhere, beyond pro-
vision made by law, was forbidden by a proviHion of Act Aug. 10, 1876, c
287, § 5, post, § 3225.

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 Act Aug. 0, 1882, c. 381), | 4, ante, | 249.

§ 3225. (Act Aug. 15, 1876, c 287, § 5.) Unauthomed employ-
ment of clerks, etc.
The executive officers of the Government are hereby prohibited
from employing any clerk, agent, engineer, draughtsman messen-
ger watchman, laborer, or other employee, in any of the executive
departments in the city of Washington, or elsewhere beyond pro-
vision made by law. (19 Stat. 169.)

This section was part of the Ip^iKlative, executive, and judicial appropriation
act for the fiscal year 1S77, cited above.

The employmont of civil officers, clerka, etc.. in any of the Rzecutive De-
pa rtmenta, boreaua, or offices at the aeat of government* tzcept at aoch ratat

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Ch. A) BEVBRAL CLASSES OF OFFICBBS AND EMPLOYlDS § 3229

and in such nambers as may be specifically appropriated for, was forbidden
by Act Aug. 5, 1882, c 389, | 4, ante, f 249.

§ 3226. (Act March 3, 1893, c. 208, § 1.) Detective agency em-
ployes not to be employed in government service.
Hereafter no employee of the Pinkerton Detective Agency, or
similar agency, shall be employed in any Government service or
by any officer of the District of Columbia. (27 Stat. 591.)

This was a provision of the sundry dvil appropriation act for the fiscal year

1894, cited above.

A like provision, without the word ''hereafter," was contained in the similar
appropriation act for the preceding year. Act Aug. 5, 1892, c. 380, 27 Stat. 368.

§ 3227. (Act Oct. 22, 1913, c. 32.) Publicity experts not to be em-
ployed unless specific appropriation be made.
No money appropriated by this or any other Act shall be used
for the compensation of any publicity expert unless specifically ap-
propriated for that purpose. (38 Stat. 212.)

This was a provision of the urgent deficiency appropriation act for the fiscal
year 1913, cited above.

§ 3228. (R. S. § 1761.) No salaries to certain appointees to fill
vacancies during recess of Senate.
No money shall be paid from the Treasury, as salary, to any per-
son appointed during the recess of the Senate, to fill a vacancy in
any existing office, if the vacancy existed while the Senate was in
session and was by law required to be filled by and with the advice
and consent of the Senate, until such appointee has been confirmed
by the Senate.

Act Feb. 9, 1863, c. 25, | 2, 12 Stat. 646.

(R. S. § 1762. Superseded.)
This section prohibited payment out of any public moneys to or by or
for the benefit of any person appointed to or holding office contrary to Rev.
St §§ 1767-1770. Those sections having been repealed by Act March 8, 1887,
c. S^, § 1, 24 Stat 500, the provisions of this section, also, have become
inoperative.

§ 3229. (Act March 2, 1895, c. 187, § 1.) Salaries to officers under
Treasiuy Department holding over.
That the Secretary of the Treasury be, and he is hereby, author-
ized and directed to pay to all ofncers under the Treasury De-
partment whose terms of office have expired or shall expire be-
fore the appointment and qualification of their successors, and who
have been performing or shall perform the duties of their respective
offices after the date of such expiration, the salary, compensation,
fees, or emoluments authorized or provided by law in each case
for the respective incumbents of the offices: Provided, That no
such payment shall be made for any services rendered by^ any such
officer wrongfully holding after the appointment and qualification
of his successor. (28 Stat. 843.)

This was a provision of the deficiency appropriation act for the fiscal year

1895, cited above.

A like provision, applicable only to customs officers, was contained in the
similar appropriation act for the preceding year, Act Aug. 23, 1894, c. 307,
I 1, 28 Stat 424.

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8 3230 Abvbral classes of officers and employes (Tit 19

§ 3230. (R. S. § 1763.) Double salaries.

No person who holds an office, the salary or annual compensa-
tion attached to which amounts to the sum of two thousand five hun-
dred dollars, shall receive compensation for discharging the duties
of any other office, unless expressly authorized by law.

Act Auif. 81. 1852. c. 108. | 18. 10 Stat. 100.

The appointment of persons holdinf? an office, luch ai if described in thia
aection. to any other office to which compensation is attached, was restricted
by provisions of Act July 81, 1894, c 174, | 2, and Act June 3, 1806, c. 314,
I 1. post, ii 8231, 3232.

Compensation to officers, clerks, etc, for extra aerrices. and other additional
pay. or extra allowances or compensation, were restricted by R. S. if 1764,
1705. and subsequent provisions, post, H 3233-3238.

The recent sundry civil appropriation acta contain a provision "that all
sums appropriated by this act for salaries of officers and employ^ of the
Government shall be in full for such salaries for the fiscal year.*' The pro-
vision for the fiscal year 1014 was by Act June 23, 1013, c 8, | 6, 88 Sut
75.

§ 3231. (Act July 31, 1894, c. 174, § 2.) Holding other lucrative
office.

No 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 com-
pensation IS attached unless specially heretofore or hereafter spe-
cially 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. (28 Stat. 205.)

This was a provision of the legislative, ezecutiye, and judicial appropriation
act for the fiscal year 1805, cited above.

Other provisions relating to retired officers of the Army or Navj serving
in other capacities were made by R. S. H 1223, 1200, 1402, and subsequent
statutes set forth ante, |i 1094, 2284, 2052, and by Act June 8, 1890, c 314,
I 7, post, I 3232.

§ 3232. (Act June 3, 1896, c. 314, § 7.) Employment of retired of-
ficers of Army or Navy on river and harbor improvements.
Section two of the Act making appropriations for the legislative,
executive, and judicial expenses of the Government for the fiscal
year ending June thirtieth, eighteen hundred and ninety-five, and
for other purposes, approved July thirty-first, eighteen hundred and
ninety-four, shall not be so construed as to prevent the employment
of any retired officer of the Army or Navy to do work under the
direction of the Chief of Engineers of the United States Army in
connection with the improvement of rivers and harbors of the
United States, or the payment by the proper officer of the Treasury
of any amounts agreed upon as compensation for such employment.
(29 Stat. 235.)

This was a proyislon of the river and harbor appropriation act of 1896,
cited above.

Act July 81, 1894, c 174, | 2, mentioned in this proviaion, ia aet forth
ante, | 323L

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Ch. A) SEVERAL CLASSES OF OFFICERS AND EMPLOYES § 3235

§ 3233. (R. S. § 1764.) Extra services.

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 al-
lowance or compensation shall be made for any extra services what-
ever, which any officer or clerk may be required to perform, unless
expressly authorized by law.

Act Aug. 26, 1842, c 202, | 12, 5 Stat 525.

Compeosatioii to clerks in the Executive Departments for extra services was
forbidden by B. S. | 170, ante, | 253.

§ 3234. (R. S. § 1765.) Extra allowances.

No officer in any branch of the public service, or any other per-
son whose salary, pay, or emoluments are fixed by law or regula-
tions, shall receive any additional pay, extra allowance, or compen-
sation, in any form whatever, for the disbursement of public money,
or for any other service or duty whatever, unless the same is au-
thorized by law, and the appropriation therefor explicitly states that
it is for such additional pay, extra allowance, or compensation.

Act March 3, 1839, c. 82, § 3, 6 Stat. 349. Act Aug. 23, 1842, c. 183, | 2,
5 Stat. 510.

A provision similar to that of this section was made by Act June 20, 1874,
c 328, I 3, post, § 3235.

Restrictions on the use of money, appropriated by any act, for paying ex-
penses of horses and carriages or drivers therefor, for the personal use of
officers, or for purchasing, maintaining, driving, or operating carriages or
vehicles, for the personal or official use of any officer or employ^ of any of
the Executive Departments or other Government establishments at Washing-
ton, D. C, were imposed by provisions of Act March 18, 1904, c 716, | 3, and
Act Feb. 3, 1905, c. 297, § 4, post, §§ 3237, 3238.

Reports for each fiscal year of expenses of officers or employes of each
Executive Department or other government establishment at Washington
traveling on official business to points outside the District of Columbia, were
required by Act May 22, 1908, c 166, § 4, ante, | 277.

§ 3235. (Act Jime 20, 1874, c. 328, § 3.) Extra compensation or
perquisites.

No <iivil officer of the Government shall hereafter receive any
compensation or perquisites, directly or indirectly, from the treas-
ury or property of the United States beyond his salary or compen-
sation allowed by law: Provided, That this shall not be construed
to prevent the employment and payment by the Department of Jus-
tice of district attorneys as now allowed by law for the perform-
ance of services not covered by their salaries or fees. (.18 Stat. 109.)

This section was part of the legislative, executive, and judicial appropriation
act for the fiscal year 1875, cited above.

Salaries, fees, etc., and compensation for extra services of district attorneys,
mentioned in the proviso to this section, were provided for by R. S. §§ 824-
827, ante, {§ 1378-1381. But district attorneys were to be paid, for their
official services, salaries and compensation otherwise provided, by Act May
28, 1896, c. 252, §§ 6, 7, 13-15, ante, §§ 1418, 1419, 1425-1427. And in no
case except in the District of Columbia were they to receive fees of office in
addition to the salary allowed by law, by a provision of Act March 3, 1905,
c 1483, I I, ante, | 1435.

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§ 3236 6BVBRAL CLAS8K8 OF 0FPICBR8 AND EMPLOYES (Tit. 19

§ 3236. (Act March 3, 1875, c. 133, § 1.) Actual traveling expenses
only to be allowed.
Hereafter only actual travelling expenses shall be allowed to any
person holding employment or appointment under the United
otates, except marshals, district attorneys, and clerks of the courts
of the United States and their deputies ; and all allowances for mile-
ages and transportation in excess of the amount actually paid, ex-
cept as above excepted, are hereby declared illegal ; and no credit
shall be allowed to any of the disbursing-officers of the United
States for payment or allowances in violation of this provision.
(18 Stat. 452.)

Tbit was a proviso annexed to an appropriation for paj of the Annj in the
Army appropriation act for the fiscal year 1876, cited above.

This proviso superseded a lilie provision, without the word ''hereafter'* and
the exception, of Act June 16, 1874, c 285, i 1, 18 SUt 72. A subsequent
provision that this proviso shall not be construed to apply or to have applied
to attorneys, marshals, or clerks of courts of the United States, their asaisUnU
or deputies, was made by Act Feb. 22, 1875, c. 05, | 7, ante, | 1390.

Officers of the Navy were excepted from the provisions of this paragraph
by a provision of Act June 30, 1876, c 150, | 1, 19 Stat 65 ; but offlcem of
the Navy traveling abroad were to receive only their actual and reasonable
expenses by provisions of Act Aug. 5, 1882, c 301, | 1, and Act March 3,
1001, c. 831, ante, H 2844, 2846.

Provisions relating to allowance of mileage, etc, to officers of the Army,



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 13 of 150)