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

. (page 14 of 150)
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 14 of 150)
Font size
QR-code for this ebook


were made by Act July 24, 1876, c. 220, | 2, Act March 3, 1883, c. 98, | 1,
and Act Sept 10, 1890, c 907. | 15, ante, N 2128-^130.

Provisions relating to allowance of mileage, etc., to the Board of Visitors to
the Military and Naval Academies, were made by Act May 28, 1008, c 214,
as amended by Act Aog. 9, 1912, c. 275, ante, | 2252, and Act March 4, 1013,
c 148, ante, | 2750.

§ 3237. (Act March 18, 1904, c 716, § 3.) Restrictions on pay-
ment of expenses of horses, carriages, etc., for personal use
of officers.

No part of any money appropriated by this or any other Act shall
be available for paying expenses of horses and carriages or drivers
therefor for the personal use of any officer provided for by this or any
other Act other than the President of the United States, the heads of
Executive Departments, and the Secretary to the President: Pro-
vided, That this provision shall not apply to officials outside of the
District of Columbia in the performance of their public duties. This
paragraph shall not take effect until July first, nineteen hundred and
four. (33 Stat. 142.)

This waa the concluding portion of section 8 of the legtfllatife, execntive, and
judicial appropriation act for the fiscal year 1905, cited above.

A further similar provision, applicable only to officers or employ^ of the
Executive Departments or other Government establishments at Washington,
D. C, was made by the similar act for the fiscal year next following. Act
Feb. 3, 1005, c. 297. | 4, post. | 32;^.

Nothing in this act was to be construed so as to deprive officers of the Army
of forage, bedding, shoeing, or shelter for their authorized number of horses,
or of any means of transportation or maintenance therefor for which pro-
Tision is made by the Army appropriaton act for the same fiscal year. Act
ApHl 23. 1904, c 14S^'(. 33 Stat. 2C8. by a provision of that act. repeated
In subsequent Army appropriation acts. The provision for tba fiscal year
1910, by Act March 8, 1909, c 252, is set forth ante, | 2124.

(1284)



Digitized by



Google



Ch. A) SEVERAL CLASSES OF OFFICERS AND EMPLOYES § 3240

§ 3238. (Act Feb. 3, 1905, c. 297, § 4.) Restrictions on payment of
expenses of carriages or vehicles for personal or official use;
carriages and vehicles for official purposes to have thereon
name of Department, etc.
No part of any money appropriated by this or any other Act shall
be used for purchasing, maintaining, driving, or operating any car-
riage or vehicle (other than those for the use of the President of the
United States, the heads of the Executive Departments, and the Sec-
retary to the President, and other than those used for transportation
of property belonging to or in the custody of the United States), for
the personal or official use of any officer- or employee of any of the
Executive Departments or other Government establishments at Wash-
ington, District of Columbia, unless the same shall be specifically au-
thorized by law or provided for in terms by appropriation of money,
and all such carriages and vehicles so procured and used for official
purposes shall have conspicuously painted thereon at all times the full
name of the Executive Department or other branch of the public
service to which the same belong and in the service x)f which the same
are used. (33 Stat. 687.)

This section was part of the legislative* executive, and judicial appropriation
act for the fiscal year 1906, cited above.

A previous similar provision of the similar act for the preceding year, Act
March 18, 1004, c 716, § 8, is set forth ante, § 3237.

Nothing in this act or any other act was to be construed so as to deprive
officers of the Army of forage, bedding, shoeing, or shelter for their authorized
number of horses, or of any means of transportation or maintenance therefor
for which provision is made by the Army appropriation act for the same
fiscal year. Act March 2, 1905, c 1807, 83 Stat. 834, by a provision of that
act, repeated in subsequent Army appropriation acts. The provision for the
fiscal year ending June 30, 1910, by Act March 8, 1909, c. 252, is set forth
ante, | 2124.

§ 3239. (R. S. § 1766.) Officers in arrears.

No money shall be paid to any person for his cbmpensation who
is in arrears to the United States, until he has accounted for and
paid into the Treasury all sums for which he may be liable. In all
cases where the pay or salary of any person is withheld in pursuance
of this section, the accounting officers of the Treasury, if required to
do so by the party, his agent or attorney, shall report forthwith to
the Solicitor of the Treasury the balance due; and the Solicitor
shall, within sixty days thereafter, order suit to be commenced
against such delinquent and his sureties.

Act Jan. 25, 1828, c. 2, 4 Stat. 246. Act May 20, 1836, c. 77, 6 Stet 31.
The pay of oflScers of the Army may be withheld under this section on ac-
count of an indebtedness admitted or shown by the judgment of a court,
but not otherwise, unless upon a special order of the Secretary of War, by a
provision of Act July 16, 1892, c. 195, post, § 3240.

Suits against officers are not abated by death, expiration of term, etc., by
Act Feb. 8, 1899, c. 121, ante, S 1594.

Judgments against delinquents for public money may be taken at the return
term, by R. S. | 957, ante, i 1595.

3240. (Act July 16, 1892, c. 195, § 1.) Withholding pay of officers
of Army.
The pay of officers of the Army may be withheld under section

(1285)



Digitized by



Google



§ Z240 8KTERAL CLASSES OP OFFICERS AKD EMPLOTAS (Tit. 19

seventeen hundred and sixty-six of the Revised Statutes on account
of an indebtedness to the United States admitted or shown by the
judgment of a court, but not otherwise unless upon a special order
is*5ued according to the discretion of the Secretary of War. (27
Sut. 177.)

Thii vas a prorinioo of tbe Army approprUtkm act for Uie fiacal ytmr end-
i&i: lK*3, cited abore.

(R S. §§ 1767-1772. Repealed.)
Th^Hi^ aectioDs related to the tenove of office under appointments hj and witJi
th«* aihice and consent of tbe Senate, tbe aotboritj of tbe President to wutpend
ot^o-n so appointed and to fill Tacanciem, and tbe i>erformance of tbe duties
ol €>fh''«^ in abeyance for lack of any appointment tbereto, and made ponisbable
ac<^l>tin£, bolding, or exercising any office, etc^ and remorin^ appointing, or
commiiirtioDinf any officer, contrary to these prorisions; incorporating prori-
■ioDs of Act Harcb 2, 1^67, c 154, H IS, 14 Stat. 430, and Act Apnl 5,
lb«;». c. 10, If 1-3, 16 Sut. 6. Tbey were repealed by Act Marcb 3, 1S87,
c. 353. i 1. 24 Sut 500.

§ 3241. (Act June 26, 1912, c 182, § 8.) Restrictioiis on payment
of membmhip fees or dues in societies, etc, 0€ of expenses of
attendance at meetings, etc, of societies, etc

No money appropriated by this or any other Act shall be ex-
pended for membership fees or dues of any officer or employee of
the United States or of the district of Columbia in any society or
association or for expenses of attendance of any person at any
meeting or convention of members of any society or association,
unle»^s such fees, dues, or expenses are authorized to be paid by
specific appropriations for such purposes or are provided for in
express terms in some general appropriation. (37 Stat. 184.)

This section was part of the District of Columbia appropriation act for tbe
fiscal year 1913, cited above.

This seotion was not to take effect or be operative darint; tbe fiscal yean
1913 and 1914, excopt to the extent that it prohibited pajment of membership
fees or dufs in societies, etc, but expenses of attendance of officers, etc^ at
meetines, etc^ <>f societies were to be incurred only on written authority, as pre-
scritHd and detailed statements of such expenses were required to be sub-
mitt«Ml to Coneress, by provisions of tbe sundry civil appropriation acts for
tho:*e years. Act Auif. 24, 1912, c 305, | 10, 37 SUt 488, and Act June 23,
1913, c 3. I 7. 38 Sut, 73.

This Bei*tion was not to apply to tbe appropriations provided by tbe postal
■enice appropriation art for the fiscal year 1913, by section 13 of that act.
Act AuR. 24, 1912, c 3S9. f 13. 37 Sut 500.

This act was not to be so construed as to prohibit payment from appropria-
tions for tbe Department of AKriculture of expenses incidental to delivery of
lectures, etc.. on subjects relntins to the work of the Department, by a provi-
sion of Act Blarcb 4, 1913, c. 145, post, i 3242.

§ 3242. (Act March 4» 1913» c. 145.) Restrictions not to be con-
strued to prohibit payment of certain expenses of employ^ of
Department of Agriculture.
That nothing contained in the Act making appropriations to pro-
vide for the expenses of the Government of the District of Colum-
bia for the fiscal year ending June thirtieth, nineteen hundred and
thirteen, and for other purposes, approved June twenty-sixth, nine-
teen hundred and twelve, shall be so construed as to prohibit the
payment from the appropriations for the Department of Agriculttire
(12SG)



Digitized by



Google



Ch. A) SEVERAL CLASSES OF OFFICERS AND EMPLOYES § 3243

of expenses incidental to the delivery of lectures, the giving of in-
struction, or the acquiring of information at meetings by its em-
ployees on subjects relating to the work of the department author-
ized by law. (37 Stat. 854.)

This was a proyision of the agricultural appropriation act for the fiscal year
1914, cited above.

Act June 26, 1012, c 182, | 8, mentioned in this provision, is set forth ante,
13241.

§ 3243. (Act June 30, 1906, c. 3914, § 6.) Annual or monthly com-
pensation; rules for division of time and computation of pay.
Hereafter, where the compensation of any person in the service of
the United States is annual or monthly the following rules for divi-
sion of time and computation of pay for services rendered are here-
by established: Annual compensation shall be divided into twelve
equal installments, one of which shall be the pay for each calendar
month ; and in making payments for a fractional part of a month one-
thirtieth of one of such installments, or of a monthly compensation,
shall be the daily rate of pay. For the purpose of computing such
compensation and for computing time for services rendered during a
fractional part of a month in connection with annual or monthly com-
pensation, each and every month shall be held to consist of thirty
days, without regard to the actual number of days in any calendar
month, thus excluding the thirty-first of any calendar month from the
computation and treating February as if it actually had thirty days.
Any person entering the service of the United States during a thirty-
one day month and serving until the end thereof shall be entitled to
pay for that month from the date of entry to the thirtieth day of said
month, both days inclusive ; and any person entering said service dur-
ing the month of February and serving until the end thereof shall be
entitled to one month's pay, less as many thirtieths thereof as there
were days elapsed prior to date of entry: Provided, That for one
day's unauthorized absence on the thirty-first day of any calendar
month one day's pay shall be forfeited. (34 Stat. 763.)

This section was part of the sundry civil appropriation act for the fiscal year
1907, cited above.

A previous similar but less specific provision relating to the same subject,
made by Act April 28, 1904, c. 1762, § 4, 33 Stat. 513, may be regarded as
superseded by this section.

Similar rules for computation of the compensation of any person in the mili-
tary service of the United States were prescribed by a provision of Act June
12, 1906, c. 3078, ante, § 2117.

Rules similar to some extent for computation of the salary or compensation
of persons in the postal service were prescribed by Act March 4, 1911, c. 241,
I 4, post, I 7240.

The pay of surfmen in the Life-Saving Service was to be computed accord-
ing to the number of days in each month and not as required by this section,
by a provision of Act May 27, 1908, c. 200, | 1, post, § 8537.

Provisions for the apportionment of the compensation of customs officers for
part of a year's service were made applicable to all officers, agents, and em-
ployes of the United States by R. S. § 2687, post, i 5394.

The recent legislative, executive, and judicial appropriation acts prescribe
annual rates of pay of certain classes of employes specified, provided for in
each act, in the same language, repeated from year to year. The provision for

(1287)



Digitized by



Google



§ 8248 6BVBRAL CLASSES OF OmCBRS AND BICPLOTte (Tit. 19

the fiKAl year 1914, by Act March 4, 1018, c. 142, | 2, 87 Sut 790. was
as follows:

'*The pay of telephone-switchboard operators, assistant messengers, firemen,
watchmen, laborers, and charwomen provided for in this Act, except those em-
ployed in mints and assay offices, unless otherwise specially stated, shall be as
follows: For telephone-switchboard operators, assistant messengers, firemen,
and watchmen, at the rate of $720 per annum each ; for laborers, at the rate
of $600 per annum each; assistant telephone-switchboard operators, at the
rate of $000 each, and for charwomen, at the rate of $240 per annum each,'*

§ 3244. (Res. Jan. 6, 1885, No. 5.) Holidays allowed to per diem
employ^.

The employees of the Navy Yard, Government Printing; Office.
Bureau of Printing and Engraving, and all other per diem em-
ployees of the Government on duty at Washington, or elsewhere
m the United States, shall be allowed the following holidays, to
wit: The first day of January, the twenty-second day of February,
the fourth day of July, the twenty-fifth day of December, and such
days as may be designated by the President as days for national
thanksgiving, and shall receive the same pay as on other days. (23
Stat. 516.)

This was a Joint resolution entitled "Joint resolation providing for the pay-
ment of laborers In Government employ for certain holidays.**

A subsequent provision for the allowance of ** Memorial Day'* as a holiday
was made by Res. Feb. 23, 1887, No. 6, post, | 3245.

Labor Day was made a legal public Holiday, by Act June 28, 1804, c 118.
post, I 8246.

§ 3245. (Res. Feb. 23, 1887, No. 6.) Holidays aUowed to per diem
employes; Memorial Day and Fourth of July.
All per diem employees of the Government, on duty at Washing-
ton or elsewhere in the United States, shall be allowed the day
of each year, which is celebrated as "Memoriar* or "Decoration
Day" and the fourth of July of each year, as holiday, and shall
receive the same pay as on other days. (24 Stat. 644.)

This was a joint resolution entitled "Joint resolution providing for the pay-
ment of per diem laborers in Government employ on 'Memorial' or 'Decora-
tion Day/ and the fourth day of July of each year, as on other days.'*

A previous provision for allowance of holidays was made by Res. Jan. 6,
1885, No. 5, ante, § 3244.

§ 3246. (Act June 28, 1894, c. 118.) Holidays; Labor Day.

The first Monday of September in each year, being the day cele-
brated and known as Labor's Holiday, is hereby made a legal public
holiday, to all intents and purposes, in the same manner as Christ-
mas, the first day of January, the twenty-second day of February,
the thirtieth day of May, and the fourth day of July are now made
by law public holidays. (28 Stat. 96.)

This was an act entitled **An act makinf Labor Day a legal holiday.**

§ 3247. (Act March 1, 1889, c. 328, § 49.) Leaves of absence; offi-
cers and employes who are members of National Guard.

All officers and employees of the United States and of the Dis-
trict of Columbia who are members of the National Guard shall be
entitled to leave of absence from their respective duties, without
(1288)



Digitized by



Google



Ch. A) SEVERAL CLASSES OP OFFICERS AND EMPLOY:6s § 3249

loss of pay or time, on all days of any parade or encampment or-
dered or authorized under the provisions of this act. (25 Stat. 779.)
This section was part of an act providing for the organization of the militia
of the District of Columbia, cited above.

§ 3248. (Act Feb. 1, 1901, c. 190.) Leaves of absence? employfis
of navy yards, gun factories, naval stations, and arsenals.
That each and every employee of the navy-yards, gun factories,
naval stations, and arsenals of the United States Government be,
and is hereby, granted fifteen working days' leave of absence each
year without forfeiture of pay during such leave : Provided, That
it shall be lawful to allow pro rata leave only to those serving
twelve consecutive months or more: And provided further, That
in all cases the heads of divisions shall have discretion as to the
time when the leave can best be allowed without detriment to the
service, and that absence on account of sickness shall be deducted
from the leave hereby granted. (31 Stat. 746.)

This was an act entitled "An act providing for leaves of absence to certain
employes of the Government"

The application of the provisions of this act to per diem employes of the
cleri(»Ll, drafting, inspection, and messenger force at navy yards and naval
stations was superseded by more comprehensive provisions, as to such em-
ployes, of Act March 3, 1909, c 255, ante, i 2794.

Special provisions as to allowance of leaves of absence to clerks and other
employes in other particular branches of the public service were as follows:

Clerks and employes in the Executive Departments, Act March 3« 1893, c.
211, § 5, amended by Act March 15, 1898, c. 68, | 7 ; Act July 7, 1898, c.
571; Act Feb. 24, 1899, c. 187. § 4; ante, §§ 238-240.

Employ^ of Bureau of Engraving and Printing, Act July 6, 1892, c. 154;
and Act June 8, 1896, c. 373 ; ante, §§ 511, 512.

Employ^ of Government Printing Office, Act June 11, 1896, c. 420, i 1;
Act June 25. 1910, c 384, § 1; post, §§ 7017, 7018.

Employes of the customs service. Act Aug. 28, 1890, c. 812, | 1; post, §
5374.

Storekeepers, gangers, and storekeeper-gangers, in the internal revenue serv-
ice, by Act June 23, 1910, c. 356 ; post, i 5877.

Clerks and employes in first and second class post-offices and mail bag re-
pair shops. Act Oct. 1, 1890, c. 1260; Act May 27, 1908, c. 206; post, §|
7241, 7244.

Letter carriers at free-delivery post-offices, Act June 27, 1884, c. 126; Act
May 27, 1908, c. 206; post, » 7243, 7244.

Letter carriers of the rural delivery service, Act March 2, 1907, c. 2513;
Act May 27, 1908, c. 206; post, Si 7244, 7298.
Railway postal clerks, Act March 1, 1909, c. 232 ; post, § 7521.
Employes of Department of Agriculture outside the city of Washington,
Act May 23, 1908, c. 192; ante, S 807.

Officers of the field force of the Coast and Geodetic Survey on duty in the
Philippine Islands, Act March 4, 1909, c 299, { 1 ; post, § 8556.

§ 3249. (R. S. § 1773.) Commissions.

The President is authorized to make out and deliver, after the ad-
journment of the Senate, commissions for all officers whose ap-
pointments have be^n advised and consented to by the Senate.
Act March 2, 1867, c 154, i 6, 14 Stat. 431.

The affixing to commissions of officers, appointed by the President, of the
seal of the United States was provided for by H. S. § 1794, post, § 3305.

Commissions of all postmasters appointed by the President, by and with the
consent of the Senate, were to be made out and recorded in the Post-Office

(1289)



Digitized by



Google



§ 8249 SBVBRAL CLASSES OF OFFICBRS AND EMPLOYES (Tit 19

Department, and to be under the teal of aaid Department, and coontertlgned
by the Postmaster-General, said seal not to be affixed to any such commission
until after the same had been signed by the President, by Act March 18, 1874,
c 57, 18 Stat. 23. That act was superseded by the subsequent similar provi-
sions as to commissions of all officers under direction and control of the Post-
master-General, of Act Mart^h 3, 1905, c 1422, post, | 3253.

The commissions of officers under direction and control of the Secretaries or
other beads of several other Executive Departments were to be made out and
recorded in the respective Departments under which they were to serve, and
the Department seal affixed thereto, by provisions of Act Harcb 28, 1806, c
73. Act March 8, 1876, c 131. | 14, Act Aug. 8, 1888, c 786, and Act March
8, 1905, c. 1422, post, H 3250-3252.

§ 3250. (Act March 28, 1896, c 73.) Commissioni of officers under
Secretaries of certain Departments.
Hereafter the commissions of all officers under the direction and
control of the Secretary of the Treasury, the Secretary of War, the
Secretary of the Navy, and the Secretary of Agriculture shall be
made out and recorded in the respective Departments under which
they are to serve, and the Department seal affixed thereto, any laws
to the contrary notwithstanding: Provided, That the said seal
shall not be affixed to any such commission before the same shall
have been signed by the President of the United States. (29 Stat.
75.)

This wai an act entiUed ''An act to regulate the iatne and recording of the
commissions of officers in several of the Departments.**

Similar previous provisions, as to making out and recording, etc., in the
Treasury Department, commissions of all officers employed in levying or
collecting the public revenue, of R. S. § 238, were superseded by this act

Similar provisions, relating to commissions of officers under heads of De-
partments other than those included in this act, made by Act March 3, 1875,
e. 131, f 14, Act Aug. 8, 1888, c. 786, and Act March 8, 1005, c 1422, are set
forth poet, §| 3261-3253.

§ 3251. (Act March 3, 1875, c. 131, § 14.) Commisslpna of officers
under Secretary of the Interior.
Hereafter the commissions of all officers under the direction of
and control of the Secretary of the Interior shall be made out and
recorded in the Department of the Interior, and the seal of the said
Department affixed thereto; any laws to the contrary notwith-
standing: Provided, That the said seal shall not be affixed to any
such commission before the same shall have been signed by the
President of the United Sutes. (18 Stat. 420.)

Thia section waa part of the deficiency appropriation act for the fiscal jear
1875, dted above.

A further paragraph of this section declared legal and valid all commissions
theretofore issued in conformity to the provisions of the third section of Act
May 31, 1854, and all official acts done by officers thus commissioned. It is
emitted here, as temporary merely.

Said Act May 81, 1854, c. 00, | 8, 10 Stat 297, contained the same provision
as the first paragraph of this section, set forth here, but was not incofporated
in the Revised Sututes.

§ 3252. (Act Aug. 8, 1888, c. 786.) Commissions of judicial officers

and other officers under Attorney-General.
Hereafter the commissions of all judicial officers, including mar-
shals and attorneys of the United States, appointed by the Presi-

(1290)



Digitized by



Google



Ch. A) SEVERAL CLASSES OP OFFICERS AND EMPLOYES § 3255

dent, by and with the advice and consent of the Senate, and all
other commissions heretofore prepared at the Department of State
upon the requisition of the Attorney-General, shall be made out
and recorded in the Department of Justice, and shall be under the
seal of said Department and countersigned by the Attorney-Gen-
eral, any laws to the contrary notwithstanding: Provided, That
the said" seal shall not be affixed to any such commission before
the same shall have been signed by the President of the United
States. (25 Stat. 387.)

This was an act entitled "An act to provide for the issuing and recording of
certain commissions in the Department of Justice."

§ 3253. (Act March 3, 1905, c. 1422.) Commissions of officers un-
der Postmaster-General and Secretary of Commerce and Labor.
Hereafter the commissions of all officers under the direction and
control of the Postmaster-General and the Secretary of Commerce
[and Labor] shall be made out and recorded in the Post-Office De-
partment and the Department of Commerce [and Labor], respec-
tively, and the Department seal affixed thereto, any laws to the con-
trary notwithstanding: Provided, That the said seal shall not be
affixed to any such commission before the same shall have been
signed by the President of the United States. (33 Stat. 990.)

This was an act entitled *'An act relative to the commissions of officers who
are under the direction and control of the Postmaster-General and the Secre-
tary of Commerce and Labor, respectively."



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 14 of 150)