T.D. 38424.

Art. 1434. Report of injuries.-Whenever an injury, however slight, is sustained by an employee due to an accident occurring in the course of his employment, notice on Form C. A. 1 should be submitted to his immediate superior within 48 hours. If absence from duty continues beyond the day on which injury occurred, or if expense has been incurred for medical treatment, C. A. 1, accompanied by Form C. A. 2, Report of Injury, should be forwarded to the bureau as soon as practicable. C. A. 3, Report of Termination of Disability, should be forwarded when the employee returns to work or when death ensues. When disability continues beyond three days and claim for compensation is to be made, it should be submitted on Form C. A. 4, within 60 days after the injury. Claim on account of death should be submitted on Form C. A. 5 within one month after death occurs. Art. 1435. Retirement.-(a) Classified customs employees, including laborers of all kinds, becoming disabled ters Jan. 15, 1927, or upon reaching the required age are eligible for retirement on annuities as provided in the civil service retirement act approved May 29, 1930. The retirement age for customs employees, except as indicated in pars. (b) and (c), is 70 years, with the privilege of retirement at 68 after 30 years' service, at the option of the employee.

T. Ds. 38424, 38469, 38670, 38924, 39357, 41666.

Bureau cir. let

Apr. 8, 1927.

T. D. 38796.

T. D. 84078.

(b) Verifiers-openers-packers, sugar samplers, and laborers, both classified and unclassified, are eligible for retirement at 65, or at 63 after 30 years' service, at the option of the employee.

(c) Employees whose terms of service include 15 years or more in the Tropics (Porto Rico, Hawaiian Islands, and the Virgin Islands) are retirable at 62, or at 60 after 30 years' service, at the option of the employee.

Art. 1436. Reinstatement.-Former classified customs employees who are not receiving an annuity by reason of age under the provisions of the retirement act and who were not separated from the service for delinquency or misconduct may be reinstated to positions in the Customs Service, subject to the limitations contained in Civil Service Rule IX.

DISABILITIES OF CUSTOMS OFFICERS

Art. 1437. Customs employees prohibited from importing merchandise.—(a) Tariff act of 1930, section 599:

No person employed under the authority of the United States, in the collection of duties on imports or tonnage, shall own, either in whole or in part, any vessel, or act as agent, attorney, or consignee for the owner or owners of any vessel, or of any cargo or lading on

board the same; nor shall any such person import, or be concerned directly or indirectly in the importation of, any merchandise for sale into the United States. Every person who violates this section shall be liable to a penalty of $500.

(b) Tariff act 1930, section 560:

No collector or other officer of the customs shall own, in whole or in part, any bonded warehouse or enter into any contract or agreement for the lease or use of any building to be thereafter erected as a public store or warehouse.

*

37882.

Art. 1438. Customs officers not to act as agents or pre- T. Ds. 22543, pare entries.-Customs officers and employees can not act as consignees or agents or prepare entries for importers, but may advise persons inexperienced in customs matters relative to the entry of their goods. Any merchandise imported by customs officers or employees or consigned to them directly or indirectly for sale in the United States with their knowledge and consent will be seized. Merchandise consigned to them without their authority and refused by them should be treated as unclaimed.

Art. 1439. Employees of the New York appraiser not to engage in commercial business.-United States Code, title 19, section 17:

No appraiser, assistant appraiser, examiner, clerk, verifier, sampler, messenger, or other person employed in the departments of appraisal at the port of New York, or any of them, shall engage or be employed in any commercial or mercantile business, or act as agent for any person engaged in such business, during the term of his appointment. (R. S. sec. 2941.)

Art. 1440. Holding other office prohibited.—(a) United States Code, title 5, section 58:

Unless otherwise specifically authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum. (R. S. sec. 1763; May 10, 1916, ch. 117, sec. 6, 39 Stat. 120; August 29, 1916, ch. 417, 39 Stat. 582.)

(b) United States Code, title 5, section 69:

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 allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law. (R. S. sec. 1764.)

(c) United States Code, title 5, section 70:

No officer in any branch of the public service, or any other person whose salary, pay, or emoluments are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is authorized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or compensation. (R. S. sec. 1765.)

(d) Persons holding civil office under Federal authority Executive orders may not hold any office under any State or Territorial 28, 1873.

Jan. 17, 1873, Jan.

T. D. 29466

T. Ds. 36881, 38038.

T. Ds. 36591, 36096,

government, or under the charter or ordinances of any city, town, or village government, whether elective or by appointment and whether with or without compensation, with the following exceptions: Justices of the peace, notaries public, commissioners to take acknowledgment of deeds or of bail, or to administer oaths; positions on boards of education, school committees, public libraries, religious or eleemosynary institutions incorporated or established or sustained by State or municipal authority, professorships in colleges, and municipal offices in certain places in Maryland and in Virginia adjacent to Washington specified in the footnote to Civil Service Rule I, Section 2.

Art. 1441. Instructing for civil-service examinations prohibited. No customs officer or employee shall directly or indirectly instruct or be concerned in any manner in the instruction of any person or class of persons with a view to their special preparation for the examinations of the United States Civil Service Commission. Any violation of this regulation shall be considered sufficient cause for removal from the service.

Art. 1442. Political and other contributions.-(a) United States Code, title 18, section 208:

*

It is unlawful for any officer or employee of the United States, or any person receiving any salary or compensation for services from money derived from the Treasury of the United States, to directly or indirectly solicit, receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any other such officer, employee, or person. (January 16, 1883, ch. 27, sec. 11, 22 Stat. 406; March 4, 1909, ch. 321, sec. 118, 35 Stat. 1110; February 28, 1925, ch. 368, sec. 312, 43 Stat. 1073.)

(b) United States Code, title 18, section 209:

No person shall, in any room or building occupied in the discharge of official duties by any officer or employee of the United States mentioned in section 208 of this title or in any navy yard, fort, or arsenal, solicit in any manner whatever or receive any contribution of money or other thing of value for any political purpose whatever. (January 16, 1883, ch. 27, sec. 12, 22 Stat. 407; March 4, 1909, ch. 321, sec. 119, 35 Stat. 1110.)

(c) United States Code, title 18, section 210:

No officer or employee of the United States mentioned in section 208 of this title 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. (January 16, 1883, ch. 27, sec. 13, 22 Stat. 407; March 4, 1909, ch. 321, sec. 120, 35 Stat. 1110.)

(d) United States Code, title 18, section 211:

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 or Delegate to Congress, or Resident Commissioner, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever. (January 16, 1883, ch. 27, sec. 14, 22 Stat. 407; March 4, 1909, ch. 321, sec. 121, 35 Stat. 1110.)

(e) United States Code, title 18, section 212:

Whoever shall violate any provision of sections 208 to 211 of this title shall be fined not more than $5,000, or imprisoned not more than three years, or both. (January 16, 1883, ch. 27, sec. 15, 22 Stat. 407; March 4, 1909, ch. 321, sec. 122, 35 Stat. 1110.)

United States Code, title 18, section 213:

Any executive officer or employee of the United States not appointed by the President, with the advice and consent of the Senate, who shall request, give to, or receive from, any other officer or employee of the Government any money or property or other thing of value for political purposes shall be at once discharged from the service of the United States. (August 15, 1876, ch. 287, sec. 6, 19 Stat. 169.)

(g) No person in the public service shall use his official authority or influence either to coerce the political action of any person or body, or to interfere with any election.

(h) No person in the public service shall for that reason be under any obligation to contribute to any political fund, or to render any political service, and he will not be removed or otherwise prejudiced for refusing to do so.

(i) Solicitation, directly or indirectly, by employees for advertisements in program souvenirs, or other publications, from importers, steamship companies, customhouse brokers, or any other person or persons whose business is in any manner conducted with the Customs Service or its employees, or for personal gifts to other employees, is also prohibited.

1, sec. 1.

Art. 1443. Political activity.-Employees in the com- Civil-service rule petitive classified service shall take no active part in T. Ds. 31010, political management or in political campaigns. This rule is also applicable to unclassified laborers.

Art. 1444. Rewards and gratuities.-(a) Tariff act of 1930, section 600:

Any officer or employee of the United States who, except in payment of the duties or exactions fixed by law, solicits, demands, exacts, or receives from any person, directly or indirectly, any gratuity, money, or thing of value, for any service performed under the customs laws, or in consideration of any official act to be performed by him, or of the omission of performance of any such act, in connection with or pertaining to the importation, entry, inspection or examination, or appraisement of merchandise or baggage, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding $5,000, or by imprisonment for not more than two years, or both, and evidence, satisfactory to the court in which the trial is had, of such soliciting, demanding, exacting, or receiving shall be prima facie evidence that the same was contrary to law.

36591, 36696.

T. D. 38886.

T. Ds. 31562,

31606, 31684, 31752,

HOURS OF BUSINESS AND SERVICE

Art. 1445. Hours of business.-(a) Customs offices shall be open between the hours of 9 a. m. and 4.30 p. m. all days of the year, except on Sundays and national holidays, and, so far as the transaction of public business will permit, on State holidays and half holidays. These hours may be prolonged when the necessities or interests of the public service require it.

(b) The national holidays are January 1, February 22, May 30, July 4, the first Monday in September, Thanksgiving Day (when designated by the President), and December 25. If a holiday falls on Sunday the following day will be observed.

Art. 1446. Hours of service.-(a) The official hours of 32043, 32732, 33979, officers, clerks, examiners, and employees, except those hereinafter specified, will be from 9 a. m. to 4:30 p. m., with a half hour for lunch.

34872, 34557, 38288. 38886.

'T. Ds. 38288, 18290.

T. D. 34557.

(b) The official hours of the following employees will be: Staff officers, station inspectors, and inspectors to whatever duty assigned, sugar samplers, storekeepers, and outside messengers, from 8 a. m. to 5 p. m., one hour for lunch; verifiers-openers-packers and openers and packers, 8 a. m. to 4.30 p.m.; customs guards not less than eight hours.

(c) The above hours may be extended as the needs of the service demand, and such extension shall be without additional compensation, except as provided for in the act of February 13, 1911, as amended by the act of February 7, 1920.

(d) The act of February 7, 1920, also provides that in those ports where customary working hours are other than those above mentioned, the collector of customs is vested with authority to regulate the hours of customs employees so as to agree with prevailing working hours in said port, but nothing contained in this proviso shall be construed in any manner to affect or alter the length of a working-day for customs employees or the overtime pay fixed for such employees.

(e) The act approved March 3, 1931, provides, so far as customs employees are concerned, as follows:

Four hours, exclusive of time for luncheon, shall constitute a day's work on Saturdays throughout the year, with pay or earnings for the day the same as on other days when full time is worked: Provided, that in all cases where for special public reasons, to be determined by the head of the department or establishment having supervision or control of such employees, the services of such employees can not be spared, such employees shall be entitled to an equal shortening of the workday on some other day.