CHAPTER 9 CIVILIAN OFFICERS AND EMPLOYEES Employment-Continued. Special and technical services, of In appointment, 671. In reduction or dismissal, 673. Date effective, 678a. General provisions, 679. Automatic separation, 680. Method of computing annuities, Computation of accredited service, 683. For disability, 684. Involuntary separation, 685. This section, based on section 7, act of March 3, 1919 (40 Stat. 1293), U.S.C. 5: 644, was specifically repealed by section 21, act of June 18, 1929 (46 Stat. 26). 573. Same; examination, places where held. This section, based on section 7, act of March 3, 1919 (40 Stat. 1293), U.S.C. 5:644, was specifically repealed by section 21, act of June 18, 1929 (46 Stat. 26). 574a. Same; preference to unmarried persons.-* * * In the appointment of persons to the classified civil service, preference shall be given to persons other than married persons living with husband or wife, such husband or wife being in the service of the United States or the District of Columbia. Sec. 213, Title II, Part II, act of June 30, 1932 (47 Stat. 406); U.S.C. 5:35a. 579. Same; superintendents of national cemeteries. By 223a, ante, it is provided that an officer who has been retired for disability shall administer the Arlington National Cemetery. 580. Same; superintendent of Antietam battlefield. "U.S.C. 24: 277" should be eliminated from the citation to this section. The compensation authorized by sections 3, 4, and 10 of the Act of September 7, 1916, as amended, accruing during the fiscal year 1934, shall be reduced below the amounts prescribed by the said Act by the same percentage as that prescribed for the reduction of compensation of officers and employees under section 3 of title II of the Act entitled "An Act to maintain the credit of the United States Government", approved March 20, 1933: Provided further, That the monthly pay as defined in section 40 of the Act of September 7, 1916, shall be determined without regard to the temporary reductions in pay required by the Act of March 20, 1933: Provided further, That the funds made available for the purposes of the Act entitled "An Act for the relief of unemployment through the performance of useful public work, and for other purposes", approved March 31, 1933, shall be available for the payment of compensation for injuries as required by section 3 of said Act, but such payment shall be made through the Employees' Compensation Commission. Sec. 14, independent offices appropriation act of June 16, 1933 (48 Stat. 307). The above provision is added as a new paragraph of this section. For section 3, title II, act of March 20, 1933, see 1634d, post. 588. Compensation for partial disability. For temporary reduction in benefits payable under this section, see 587, ante. 594. Compensation to dependents in case of death. For temporary reduction in benefits payable under this section, see 587, ante. 620. Details from executive departments; to Executive Office. "U.S.O. 3: 46" should be eliminated from the citation to this section. 622. Same; to Veterans' Bureau. The citation to this section should be changed to read: Sec. 10, act of June 7, 1924 (43 Stat. 610), as amended by sec. 1, act of July 2, 1926 (44 Stat. 790); as amended by sec. 2, act of July 8, 1930 (46 Stat. 991); U.S.C. 38: 434. 623. Same; to Personnel Classification Board. By 1601, post, the Personnel Classification Board and the position of Director of Classification were abolished, and their duties, powers and functions, personnel and appropriations transferred to the Civil Service Commission, effective October 1, 1932, all provisions of law relating to the former to be continued in force with respect to the latter where not inconsistent. * ** 623a. Same; to United States Tariff Commission.--The commission shall in appropriate matters act in conjunction and cooperation with * any other departments, or independent establishments of the Government, and such departments and independent establishments of the Government shall cooperate fully with the commission for the purposes of aiding and assisting in its work, and, when directed by the President, shall furnish to the commission, on its request, all records, papers, and information in their possession relating to any of the subjects of investigation by the commission and shall detail, from time to time, such officials and employees to said commission as he may direct. 334, act of June 17, 1930 (46 Stat. 700); U.S.C. 19: 1334. Sec. 625. Details to branches of the War Department from military headquarters. This provision, based on act of February 28, 1929 (45 Stat. 1353), making appropriations for the War Department, U.S.C. 5:189, is not included in the corresponding act for the fiscal year 1931. 626. Detail of assistant engineers from Engineer Bureau to river and harbor duty. "U.S.C. 10: 188" should be added to the citation to this section. 626a. Dismissal; persons disqualified to hold office.—Whenever any person holds office, except as a member of Congress or of some State legislature, contrary to the provisions of the third section of the fourteenth article of amendment of the Constitution, the district attorney for the district in which such person holds office shall proceed against him by writ of quo warranto, returnable to the circuit or district court of the United States in such district and prosecute the same to the removal of such person from office. R.S. 1786; U.S.C. 5:140. This provision, while passed with reference to the Civil War, is inserted as apparently being of a permanent and general nature and hence still in force. 628. Same; on charges. NOTES OF Power of removal.-The President is empowered by the Constitution to remove an executive officer-in the specific case, a first-class postmaster-appointed by him by and with the advice and consent of the Senate, and this power is not subject in its exercise to the assent of the Senate, nor can it be made so by an act of Congress. Myers v. United States (1926) 272 U.S. 52. Clerks in United States engineer's office though civil service employees could be removed for cause if served with written reasons and preferred charges and allowed reasonable time for answering in writing. Layne v. Kirby (Cal. 1929) 278 Pac. 1046. Compensation after removal.—Director of Bureau of Engraving and Printing appointed by Secretary of the Treasury and removed by executive order without regard to civil service statute held not entitled to salary after removal. Wilmeth v. U.S. (1928) 64 Ct. Cl. 368. DECISIONS Employee of Treasury Department dismissed without compliance with this sec tion, is not entitled to salary after dis missal but remedy is proceeding to try right to office. Richardson v. U.S. (1927) 64 Ct. Cl. 233. Estoppel, waiver, and laches as affecting rights of one removed from service.-Treas ury Department employee, dismissed without compliance with statute, held barred from recovery through laches after 3 years and 8 months. Richardson v. U.S. (1927) 64 Ct. Cl. 233. Plaintiff, a civil-service railway postal employee, discharged from the service March, 1920, in pursuance of charges preferred against him, and whose petition was filed November 1, 1928, held barred from recovery by lapse of time. Johnson v. U.S. (1929) 68 Ct. Cl. 222. 628a. Same; married persons. In any reduction of personnel in any branch or service of the United States Government or the District of Columbia, married persons (living with husband or wife) employed in the class to be reduced, shall be dismissed before any other persons employed in such class are dismissed, if such husband or wife is also in the service of the United States or the District of Columbia. Sec. 213, Title II, Part II, act of June * * * 30, 1932 (47 Stat. 406); U.S.O. 5: 37a. 631. Bureau of Efficiency; establishment and duties. The Bureau of Efficiency and the office of chief of such bureau are hereby abolished; and the President is authorized to designate another officer to serve in place of the Chief of the Bureau of Efficiency on any board, commission, or other agency of which the Chief of the Bureau of Efficiency is now a member. All records and property, including office furniture and equipment of the bureau, shall be transferred to the Bureau of the Budget. Appropriations and unexpended balances of appropriations available for expenditure by the Bureau of Efficiency shall be impounded and returned to the Treasury. This section shall take effect at the beginning of the third calendar month after the passage of this Act. Sec. 17, Title II, act of Mar. 3, 1933 (47 Stat. 1519). The above provision is added as a new paragraph of this section. 635. Educational and library facilities in the District of Columbia.-Hereafter all pupils whose parents are employed officially or otherwise in the District of Columbia shall be admitted and taught free of charge in the schools of said District. Sec. 1, act of Mar. 3, 1915 (38 Stat. 910), making appropriations for the District of Columbia. * The above provision should be inserted as the first paragraph of this section. During the school year 1932-1933, 1950 pupils from Maryland and 613 from Virginia attended the public schools of the District of Columbia without payment of tuition, while, during the same period, 1279 pupils whose parents reside in the District of Columbia or on Government reservations attended the public schools of Maryland and the University of Maryland without payment of tuition. "U.S.C. 5:76" should be eliminated from the citation to the first paragraph of the original text of this section. 636. Employment; general provisions.-There is authorized to be employed in each executive department, independent establishment, and the municipal government of the District of Columbia, for services in the District of Columbia or elsewhere, such number of employees of the various classes recognized by the Classification Act of 1923, as amended (U.S.C., title 5, ch. 13), as may be appropriated for by Congress from year to year: Provided, That the head of any department or independent establishment may delegate to subordinates, under such regulations as he may prescribe, the power to employ such persons for duty in the field services of his department or establishment. R.S. 169 as amended by act of June 26, 1930 (46 Stat. 817); U.S.C. 5: 43. The original text of this section has been amended to read as above. 637. Employment authorized; consulting engineers, Air Corps. The title of this section should read as above. 639. Same; draftsmen and civil engineers, office of Chief of Engineers. NOTES OF DECISIONS Removal.--The Secretary of War has the power to remove persons appointed by him under this section. Layne v. Kirby (Cal. 1929), 278 Pac. 1046. 639a. Same; expert assistance in arts and sciences, Chief of Engineers.-The Chief of Engineers is hereby authorized to engage under agreement, when deemed necessary, expert assistance in the various arts and sciences, including expert stenographic assistance for reporting the proceedings of public hearings held in connection with preliminary examinations, surveys, or improvements of rivers and harbors, upon terms and rates of compensation for services and incidental expenses in excess of the maximum of the salaries authorized by the Classification Act of March 4, 1923, as amended by the Act of May 28, 1928; and all agreements heretofore entered into for such purposes are hereby validated to the amount of the current rates charged for such services. Sec. 6, act of July 3, 1930 (46 Stat. 948), authorizing improvements on rivers and harbors; U.S.C. 33:56,9a. 641. Same; patent experts; office of The Judge Advocate General. This section, based on act of Feb. 28, 1929 (45 Stat. 1349), making appropriations for the War Department, is not repeated in the corresponding act for the fiscal year 1934. 641a. Same; settlement of War Claims, office of The Judge Advocate General.-Expenses of administration of settlement of war claims, Act of 1928: For every expenditure requisite for and incident to the work of the War Department in connection with the settlement of war claims as authorized by the Act approved March 10, 1928 (45 Stat., p. 254), including the authorized traveling expenses of commissioned officers and other employees, rent in the District of Co lumbia and in foreign countries, the employment of personal services in the Dis trict of Columbia and elsewhere, without regard to the civil service laws and regulations or to the Classification Act of 1923, as amended, printing, binding, photographing, stationery, office supplies and equipment, and such other expenses as may be necessary and proper for carrying out the provisions of the Act herein referred to, fiscal years 1931 and 1932, $15,000, together with the unex pended balance of the appropriation of $85,000 made for this purpose in the First Deficiency Act, fiscal year 1930. Title I, act of Mar. 4, 1931 (46 Stat. 1605), making appropriations for deficiencies. The unexpended balances of the appropriations carried in the Second De. ficiency Act, fiscal year 1931, for "Expenses of Administration of Settlement of War Claims, Act of 1928," Judge Advocate General's Department, are hereby continued and made available until June 30, 1933, for every expenditure requisite for and incident to the work and duties of the War Department Commission for the Adjustment of British Patent Claims, including the authorized traveling expenses of members of the commission, commissioned officers detailed to duty therewith and employees, the employment of personal services in the District of Columbia and elsewhere, printing and binding, photographing, and such other expenses as may be necessary and proper for carrying out the duties of such commission. Title I, act of July 1, 1932 (47 Stat. 540), making appropriations for deficiencies. For the payment of the claims of British nationals in the following amounts awarded them by the Commission for Adjustment of British Claims in full satisfaction of all their claims for the use of their inventions by the United States under the arrangement or agreement entered into prior to November 12, 1918, and approved by the Secretary of War in accordance with the authority contained in section 3 of the Act approved March 2, 1919 (40 Stat. 1273): Thomas Graham and Sir E. H. Tennyson d'Eyncourt, $22,500; Commander A. L. Gwynne, $37,000; Gwynne and Taylor, $22,500; Colonel Henry Newton, $100,000; Robert A. Sturgeon, $17,500; Thornycroft and Company, $50,000; Rear Admiral Cecil V. Usborne, $6,000; in all, $255,500. Title I, act of Mar. 4, 1933 (47 Stat. 1614), making appropriations for deficiencies. 642. Same; civilian physicians, matrons, nurses, and cooks, Medical Department. The first paragraph of this section, based on R.S. 1239, was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1428). 643. Same; master armorers and workmen, Ordnance Department. This section, based on R.S. 1662, was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429). 645. Same; technical and professional personnel, American Battle Monuments Commission. "U.S.C. 36:135" should be eliminated from the citation to this section. 649. Same; special and technical services in office of Director of Public Buildings and Public Parks. That the Director of Public Buildings and Public Parks of the National Capital be, and hereby is, authorized to employ in his discretion by contract or otherwise landscape architects, architects, engineers, artists, or other expert consultants, or firms, partnerships, or associations thereof, including the facilities, service, travel, and other expenses of their respective organizations so far as employed upon work for the said director, in accordance with the usual customs of the several professions and at the prevailing rates for such services, without reference to the civil-service requirements or to the Classification Act |