Слике страница
PDF
ePub

Cotton futures,

Estates, muni. tions, etc.

same, including payments for information and detection of such violations: Provided further, That not more than $1,172,000 of the total amount appropriated herein may be expended in the Bureau of Internal Revenue, in the District of Columbia.

Collecting the cotton-futures tax: For expenses to enforce the provisions of part A of the Act approved August eleventh, nineteen hundred and sixteen, known as the cotton-futures Act, including the employment of attorneys, agents, inspectors, deputy collectors, clerks, and messengers at rates to be fixed by the Commissioner of Internal Revenue, subject to the approval of the Secretary of the Treasury, and for the purchase of such supplies, equipment, mechanical devices, and other articles as may be necessary, $20,000: Provided, That no person shall be employed hereunder at a compensation exceeding $1,000 per annum.

Collecting the tax on estates, munitions, and so forth: For expenses of assessing and collecting the tax as provided by Titles I, II, and III, of an Act entitled "An Act to increase the revenue, and for other purposes, approved September eighth, nineteen hundred and sixteen, and subsequent Acts, and to pay such sums as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may deem necessary, $310,000; and the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is authorized to appoint and pay from this appropriation all necessary officers, experts, agents, inspectors, deputy collectors, clerks, messengers, and janitors, and to rent such quarters, incur expense for telephone service, purchase such supplies, equipment, mechanical devices, and other articles as may be necessary for employment or use in the District of Columbia, or any collection district of the United States, or any of the Territories thereof: Provided, That not more than $40,000 of the amount appropriated may be used for the employment in the Bureau of Internal Revenue in the District of Columbia of necessary clerical help at rates to be fixed by the Commissioner of Internal Revenue, subject to the approval of the Secretary of the Treasury, and for the purchase of such supplies, equipment, mechanical devices, and other articles as may be necessary for use in the District of Columbia.

Restricting the sale of opium, and so forth: For expenses to enforce the provisions of the Act approved December seventeenth, nineteen hundred and fourteen, entitled "An Act to provide for the registration of, with collectors of internal revenue, and to impose a special tas upon, all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts, derivatives, or preparations, and for other purposes,” including the employment of agents, deputy collectors, inspectors, chemists, assistant chemists, clerks, and messengers in the field and in

Opium.

expenses,

the Bureau of Internal Revenue in the District of Columbia, to be appointed by the commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, and for the purchase of such supplies, equipment, mechanical devices, and other articles as may be necessary for use in the District of Columbia and the several collection districts, including not to exceed $4 per diem in

lieu of subsistence, $325,000. Miscellaneous

For rent of offices outside of the District of Columbia, telephone service, and other miscellaneous expenses incident to the collection of internal revenue, purchase of necessary books of reference and periodicals for the chemical laboratory and law library, not to exceed $500, and reasonable expenses for not exceeding sixty days immediately following the injury of field officers or employees in the Internal-Revenue Service while in line of duty, of medical attendance, surgeon's and hospital bills made necessary by reason of such injury, and for horses crippled or killed while being used by officers in making raids, not exceeding $150 for any horse so crippled or

killed, $100,000. Report to The Commissioner of Internal Revenue shall submit to Congress.

Congress on the first day of its next regular session a detailed statement showing the number, designation, and annual rate of compensation of the persons employed and the amounts expended for rent and other authorized purposes in the District of Columbia from the foregoing appropriations for the collection of internal revenue.

That hereafter law books, books of reference, and periodicals for use of any executive department, or other Government establishment not under an executive department, at the seat of government, shall not be purchased or paid for from any appropriation made for contingent expenses or for any specific or general purpose unless such purchase is authorized and payment therefor specifically provided in the law granting the appropriation. [Sec. 3, legislative, executive, and judicial appropriation act, app ved Mar. 15, 1898 (30 Stat., 277).)

Books of reference defined. (VI Comp. Dec., 227, 312.)

Report to be made to Congress relating to typewriters, adding machines, and other labor-saving devices, exchange

of, price, etc. (Act of Mar. 4, 1915; 38 Stat., 1163.) Typewriting Sec. 4. That no part of any money appropriated by

this or any other Act shall be used during the fiscal year nineteen hundred and nineteen for the purchase of any typewriting machine at a price in excess of the lowest price paid by the Government of the United States for the same make and substantially the same model of machine during the fiscal vear nineteen hundred and seventeen; such price shall include the value of any typewriting machine or machines given in exchange, *

Sec. 5. Detail of persons in the classified service restricted. (See p. 697.)

SEC. 6. That all civilian employees of the Governments of the United States and the District of Columbia who

machines.

*

receive a total of compensation at the rate of $2,500 per annum or less, except as otherwise provided in this section, shall receive, during the fiscal year ending June thirtieth, nineteen hundred and nineteen, additional compensation at the rate of $120 per annum: Provided, That such employees as receive a total of annual compensation at a rate more than $2,500 and less than $2,620 shall receive additional compensation at such a rate per annum as may be necessary to make their salaries, plus their additional compensation, at the rate of $2,620 per annum, and no employee shall receive additional compensation Increased comunder this section at a rate which is more than thirty per

pensation, centum of the rate of the total annual compensation received by such employee: Provided further, That the increased compensation at the rates of five and ten per centum for the fiscal year ending June thirtieth, nineteen hundred and eighteen, shall not be computed as salary in construing this section: Provided further, That where an employee in the service on June thirtieth, nineteen hundred and seventeen, has received during the fiscal year nineteen hundred and eighteen, or shall receive during the fiscal year nineteen hundred and nineteen an increase of salary at a rate in excess of $200 per annum, or where an employee whether previously in the service or not, has entered the service since June thirtieth, nineteen hundred and seventeen, whether such employee has received an increase in salary or not, such employees shall be granted the increased compensation provided herein only when and upon the certification of the person in the legislative branch or the head of the department or establishment employing such persons of the ability and qualifications personal to such employees as would justify such increased compensation: Provided further, That the increased compensation provided in this section to employees whose pay is adjusted from time to time through wage boards or similar authority shall be taken into consideration by such wage boards or similar authority in adjusting the pay of such employees.

[ocr errors]

Section six of the legislative, executive, and judicial appropriation Act approved May tenth, nineteen hundred and sixteen, as amended by the naval appropriation Act approved August twenty-ninth, nineteen hundred and sixteen, shall not operate to prevent anyone from receiving the additional compensation provided in this section who otherwise is entitled to receive the same. Employees paid from lump-sum appropriations.

(25 Comp. Dec., 109.)

Reports shall be submitted to Congress on the first day Reports to

Congrese. of the next regular session showing for the first four months of the fiscal year the average number of employ

ees in each department, bureau, office, or establishment receiving the increased compensation at the rate of $120 per annum and the average number by grades receiving the same at each other rate.

Gaugers' right to increased compensation. (23 Comp. Dec., 670, 672.)

Increase of compensation. (Dept. (ir. No. 84, July 11,

1918.) Sec. 4. [Extract from the legislative, executive, and

judicial appropriation act for the fiscal year ending June Travel ex. 30, 1909, approved May 22, 1908 (35 Stat., 244).1 It penses of depart: shall be the duty of the head of each executive departat Washington to ment and other government establishment at Washingbe annually re- tin to submit to Congress at the beginning of each regu

lar session a statement showing in detail what officers or employees (other than special agents, inspectors, or employees, who in the discharge of their regular duties are required to constantly travel) of such executive department or other government establishment have traveled on official business from Washington to points outside of the District of Columbia during the preceding fiscal year, giving in each case the full title of the official or employce, the destination or destinations of such travel, the business or work on account of which the same was made, and the total expense to the United States charged in each case.

Travel Regulations Cir. No. 31, June 23, 1914; T. D. 31583.

A person going to accept an office or employment is not entitled to reimbursement for travel expenses incident thereto. (4 Comp. Dec., 629; 5 Id., 180, 603; 6 Id., 672 ; 20 Id., 73.)

Appropriation for Office Force. [Legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1919, approved July 3, 1918 (40 Stat., 757).]

Section 6 of the act of March 4, 1915 (38 Stat., 1049). provides that “The officers and employees of the United States whose salaries are herein appropriated for are established and shall continue from year to year to the extent they shall be appropriated for by Congress.”

A fourtlı-class clerk is an inferior officer of the United States within the meaning of article 2, section 2, of the Constitution. (27 Op. Atty. Gen., 219.)

As to officer's right to whole amount of the annual salary fixed by the Revised Statutes, although Congress has appropriated a less amount as compensation for the fiscal year. (Wallace's case, 2 Lawrence Dec., 376; 28. Int. Rer. Rec., 271; Fisher's case, 15 Ct. Cls., 323 ; 109 U'. S., 143.)

Double salaries restricted, p. 699.

Transfer of duties to clerks of lower class, Section 3. act August 15, 1876 (19 Stat., 113). (See Appendix, p. 693.)

Employees to be paid from specific appropriations. Act August 5, 18S2 (22 Stat., 255), page 695.

Transfers and details. Appendix, page 6.96.

Temporary detail of clerks. Section 166, Revised Statutes, as amended by section 3 of the act of May 28, 1896 (29 Stat., 140).

President's authority to prescribe regulations concerning appointments. (Sec. 1753, R. S., P. 693.

Preference in appointment to public office of honorably discharged soldiers. (Sec. 1754, R. S., P. 693; 17 Op. Atty. Gen., 194.)

Official correspondence. (T. D. 1572.)

An act to regulate and improve the civil service of the l'nited States (civil-service act). Act January 16, 1883 (22 Stat., 403).

Subordinate officers of the several departments shoul communicate with Congress on matters involving legislation through the heads of their departments. (17 Op. Atty. Gen., 254.)

President Roosevelt's order. (Dept. Cir. No. 11, January 29, 1906.)

President Taft's order prescribing method of communication with Congress. (Dept. Cir. No. 61, 1909; T. D. 30151.)

Influencing legislation by employee in Treasury Department. (Executive Order No. 1511, April 8, 1912; Dept. Cir. No. 19.)

The right of persons employed in the civil service of the United States, either individually or collectively, to petition Congress, or any member thereof, or to furnish information to either House of Congress, or to any committee or member thereof, shall not be denied or interfered with. (Act of Aug. 24, 1912; 37 Stat., 55.5.)

Employee wrongfully suspended ; civil-service law. (United States v. Wickersham, 201 C. S., 390.)

The question of reinstatement is one of administrative discretion, and not to be granted except when consistent with the interests of the public service. (24 Op. Atty. Gen., 103, Aug. 27, 1902.)

Reinstatements. (19 Op. Atty. Gen., 416, 434, 533 ; 25 Id., 618.)

With the exception of section 13, act of January 16, 1883, reproduced in section 120 of the criminal code (act of March 4, 1909), which prohibits promotion, degradation, removal, or discharge of any officer or employee for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose, no legislative declaration expressly bearing upon removals from office is made. (Taylor v. Taft, 24 App. D. C., 95.)

Civil-service rules promulgated by the Executive, so far as they deal with the Executive right of removal, are but expressions of the will of the President, and are regulations imposed by him upon his own action, or that of heads of departments appointed by him. They do not give the employees within the classified civil service any such tenure of office as to confer upon them a property right in the office or place. (Morgan v. Nunn, 81 Fed., 551; Page 1. Moffett, 85 Fed., 38; T. D. 19027; Keim . United States, 177 U. S., 290, affirming 33 Ct. Cls., 174.)

Members of a family in public service limited. (18 Op. Atty. Gen., 83; 26 Id., 260, 301; 30 Id., 169.)

Monthly salaries. Method of prorating for fractional part of a month. (XIII Comp. Dec., 1.)

Rules for division of time and computation of pay for persons in the Government service receiving a yearly or monthly compensation. (Sec. 6, act of June 30, 1906; 31 Stat., 763 (sundry civil appropriation act); Dept. Cir. No. 35, March 24, 1917; 20 Comp. Dec., 772, 867.)

When civil einployees of the United States are injured while in the performance of their duties, they are, by the terms of the Federal compensation act of September 7, 1916 (39 Stat., 742), entitled to “reasonable medical, surgical, and hospital services and supplies " for the injury, whether or not disability has arisen.

Money due to an employee of the Government, and in the hands of a disbursing officer, can not be attached by a

« ПретходнаНастави »