fifty-fourth section of the Revised Statutes, nor to take from the President any au thority not inconsistent with this act conferred by the seventeen hundred and fiftythird section of said statutes; nor shall any officer not in the executive branch of the government, or any person merely employed as a laborer or workman, be required to be classified hereunder; nor, unless by direction of the Senate, shall any person who has been nominated for confirmation by the Senate be required to be classified or to pass an examination.

SEC. 8. That no person habitually using intoxicating beverages to excess shall be appointed to, or retained in, any office, appointment, or employment to which the provisions of this act are applicable.

SEC. 9. That whenever there are already two or more members of a family in the public service in the grades covered by this act, no other member of such family shall be eligible to appointment to any of said grades.

SEC. 10. That no recommendation of any person who shall apply for office or place under the provisions of this act, which may be given by any Senator or Member of the House of Representatives, except as to the character or residence of the applicant, shall be received or considered by any person concerned in making any examination or appointment under this act.

SEC. 11. That no Senator, or Representative, or Territorial Delegate of the Congress, or Senator, Representative, or Delegate elect, or any officer or employé of either of said houses, and no executive, judicial, military, or naval officer of the United States, and no clerk or employé of any department, branch, or bureau of the executive, judicial, or military, or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employé of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States.

SEC. 12. That no person shall, in any room or building occupied in the discharge of official duties by any officer or employé of the United States mentioned in this act, or in any navy-yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose whatever.

SEC. 13. No officer or employé of the United States mentioned in this act shall discharge, or promote, or degrade, or in any manner change the official rank or compensation of any other officer or employé, 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.

SEC. 14. That 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 the House of Representatives, or Territorial Delegate, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever.

SEC. 15. That any person who shall be guilty of violating any provision of the four foregoing sections shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the discretion of the court.

Approved, January 16, 1883.

SECTIONS OF REVISED STATUTES AND OF STATUTES AT LARGE.

SECTIONS OF REVISED STATUTES.

SEC. 1753. The President is authorized to prescribe such regulations for the admission of persons into the civil service of the United States as may best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks to enter; and for this purpose he may employ suitable persons to conduct such inquiries, and may prescribe their duties, and establish regulations for the conduct of persons who may receive appointments in the civil service.

SEC. 1754. 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, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices.

SEC. 1781. Every member of Congress or any officer or agent of the Government who, directly or indirectly, takes, receives, or agrees to receive, any money, property, or other valuable consideration whatever, from any person for procuring, or aiding to procure, any contract, office, or place from the Government or any Department thereof, or from any officer of the United States, for any person whatever, or for giving any such contract, office, or place to any person whomsoever, and every person who, directly or indirectly, offers or agrees to give, or gives, or bestows any money, property, or other valuable consideration whatever, for the procuring or aiding to procure any such contract, office, or place, and every member of Congress who, directly or indirectly, takes, receives, or agrees to receive any money, property, or other valuable consideration whatever after his election as such member, for his attention to, services, action, vote, or decision on any question, matter, cause, or proceeding which may then be pending, or may by law or under the Constitution be brought before him in his official capacity, or in his place as such member of Congress, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars. And any such contract or agreement may, at the option of the President, be declared absolutely null and void; and any member of Congress or officer convicted of a violation of this section, shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States.

* *

SECTIONS OF STATUTES AT LARGE.

SEC. 3. * Provided, That in making any reduction of force in any of the Executive Departments, the head of such Department shall retain those persons who may be equally qualified who have been honorably discharged from the military or naval service of the United States, and the widows and orphans of deceased soldiers and sailors. (19 Stats. 169.)

SEC. 4. That no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employé shall, after the first day of October next, be employed in any of the Executive Departments, or subordinate bureaus or offices thereof at the seat of Government, except only at such rates and in such numbers, respectively, as may be specifically appropriated for by Congress for such clerical and other personal services for each fiscal year; and no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employé shall hereafter be employed at the seat of Government in any Executive Department or subordinate bureau or office thereof, or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation, H. Ex. 1, pt. 83

and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services, and after the first day of October next, section one hundred and seventy-two of the Revised Statutes, and all other laws and parts of laws inconsistent with the provisions of this act, and all laws and parts of laws authorizing the employment of efficers, clerks, draughtsmen, copyists, messengers, assistant messengers, mechanics, watchmen, laborers, or other employés at a different rate of pay, or in excess of the numbers authorized by appropriations made by Congress be, and they are hereby, repealed; and thereafter all details of civil officers, clerks, or other subordinate employés from places outside of the District of Columbia, for duty within the District of Columbia, except temporary details for duty connected with their respective offices, be, and are hereby, prohibited; and thereafter all moneys accruing from lapsed salaries, or from unused appropriations for salaries, shall be covered into the Treasury: Provided, That the sums herein specifically appropriated for clerical or other force heretofore paid for out of general or specific appropriations, may be used by the several heads of Departments to pay such force until the said several heads of Departments shall have adjusted the said force in accordance with the provisions of this act; and such adjustment shall be effected before October 1, 1882. And in making such adjustment the employés herein provided for shall, as far as may be consistent with the interests of the service, be apportioned among the several States and Territories according to population: Provided, further, That any person performing duty in any capacity as officer, clerk, or otherwise, in any Department at the date of the passage of this act, who has heretofore been paid from any appropriation made for contingent expenses or for any contingent or general purpose, and whose office or place is specifically provided for herein, under the direction of the head of that Department, may be continued in such office, clerkship, or employment without a new appointment thereto, but shall be charged to the quotas of the several States and Territories from which they are respectively appointed, and nothing herein shall be construed to repeal or modify section one hundred and sixty-six of the Revised Statutes of the United States. (22 Stats., 255.)

SEC. 1. Hereafter no Department or officer of the United States shall accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in cases of sudden emergency involving the loss of human life or the destruction of property. (Act of May 1, 1884, 23 Stats., 17.)

REVISED CIVIL-SERVICE RULES.*

ADOPTING AND PROMULGATIng Order.

In the exercise of power vested in him by the Constitution, and of authority given to him by the seventeen hundred and fifty-third section of the Revised Statutes, and by an act to regulate and improve the civil-service of the United States, approved January 16, 1883, the President hereby makes and promulgates the following rules, and revokes the rules known as "Amended Civil-Service Rules," and "Special Rule No. 1," heretofore promulgated under the power and authority referred to herein: Provided, That this revocation shall not be construed as an exclusion from the classified civil-service of any now classified customs district or classified post-office.

GENERAL RULES.

GENERAL RULE I.

Any officer in the executive civil-service who shall use his official authority or influence for the purpose of interfering with an election or controlling the result thereof; or who shall dismiss, or cause to be dismissed, or use influence of any kind to procure *Note.-The rules as here printed are those in force on August 14, 1891.

the dismissal of, any person from any place in the said service, because such person has refused to be coerced in his political action, or has refused to contribute money for political purposes, or has refused to render political service; and any officer, clerk, or other employé in the executive civil-service, who shall wilfully violate any of these rules, or any of the provisions of sections 11, 12, 13, and 14 of the act entitled "An act to regulate and improve the civil-service of the United States," approved January 16, 1883, shall be dismissed from office.

GENERAL RULE II.

There shall be five branches of the classified civil-service, as follows:

1. The classified departmental service.

2. The classified customs service.

3. The classified postal service.

4. The classified railway mail service.

5. The classified Indian service.

GENERAL RULE III.

1. No person shall be appointed or employed to enter the civil-service, classified in accordance with section 163 of the Revised Statutes, and under the act to regulate and improve the civil-service of the United States, approved January 16, 1883, until he shall have passed an examination, or shall have been shown to be specially exempted therefrom by said act, or by an exception to this rule set forth in connection with the rules regulating admission to the branch of the service he seeks to enter.

2. No non-competitive examination shall be held except under the following conditions:

(a) The failure of competent persons to be, after due notice, competitively examined, thus making it impracticable to supply to the appointing officer in due time the names of persons who have passed a competitive examination.

(b) That a person has been, during one year or longer, in a place excepted from examination, and the appointing or nominating officer desires the appointment of such person to a place not excepted.

(e) That an appointing or nominating officer desires the examination of a person to test his fitness for a classified place which might be filled under exceptions to examination declared in connection with the rules regulating admission to the classified service.

(d) That the commission, with the approval of the President, has decided that such an examination should be held to test fitness for any particular place requiring technical, professional, or scientific knowledge, special skill or peculiar ability, to test fitness for which place a competitive examination can not, in the opinion of the commission, be properly provided. But no person appointed to such a place upon non-competitive examination shall, within one year after appointment, be transferred or appointed to any place not excepted from examination; but after having served in such non-competitive place not less than one year, he may be transferred or appointed in the bureau or office in which he is serving to a place not excepted from examination upon the certificate of the commission or the proper board of examiners that he has passed an examination to test fitness for the place to which his transfer or appointment is proposed.

(e) That a person who has been appointed from the copyist register wishes to take the clerk examination for promotion to a place the salary of which is not less than $1,000 per annum.

(f) To test the fitness of a person for a place to which his transfer has been requested.

(g) When the exigencies of the service require such examination for promotion as provided by clause 6 of this rule, or for temporary appointment for not exceeding thirty days, in any part of the classified service.

3. All applications for examination must be made in form and manner prescribed by the commission.

4. No person serving in the Army or Navy shall be examined for admission to the classified service until the written consent of the head of the department under which he is enlisted shall have been communicated to the commission.

No person who is an applicant for examination, or who is an eligible in one branch of the classified service shall, at the same time, be an applicant for examination in any other branch of said service.

5. The commission may refuse to examine an applicant who would be physically unable to perform the duties of the place to which he desires appointment. The reason for any such action must be entered on the minutes of the commission.

6. So far as practicable and useful competitive examinations shall be established in the classified civil service to test fitness for promotion, under such regulations as the Commission may make. Until such regulations have been applied to any part of the classified service, promotions therein shall be made in the manner prescribed by the rule applicable thereto.

The commission may make regulations, applying them to any part of the classified service, under which regulations all examinations for promotion therein shall be conducted and all promotions be made; but until regulations in accordance herewith have been applied to any part of the classified service, promotions therein shall be made in the manner provided by the rules applicable thereto. And in any part of the classified service in which promotions are made under examination as herein provided, the commission may, in special cases, if the exigencies of the service require such action, provide non-competitive examinations for promotion.

Persons who were in the classified civil-service on July 16, 1883, and persons who have been, since that date, or may be hereafter put into that service by the inclusion of subordinate places, clerks, and officers, under the provisions of section 6 of the act to regulate and improve the civil-service of the United States, approved January 16, 1883, shall be entitled to all rights of promotion possessed by persons of the same class or grade appointed after examination under the act referred to above.

7. No question in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of competitors; and no discrimination in examination, certification, or appointment shall be made by the commission, the examiners, or the appointing or nominating officer in favor of or against any applicant, competitor, or eligible because of his political or religious opinions or affiliations. The commission, the examiners, and the appointing or nominating officer shall discountenance all disclosures of such opinions or affiliations by or concerning any applicant, competitor, or eligible; and any appointing or nominating officer who shall make inquiries concerning, or in any other way attempt to ascertain, the political or religious opinions or affiliations of any eligible, or who shall discriminate in favor of or against any eligible because of the eligible's political or religious opinions or affiliations, shall be dismissed from office.

8. Every applicant must state under oath

(a) His full name.

(b) That he is a citizen of the United States.

(c) Year and place of his birth.

(d) The state, territory, or district of which he is a bona fide resident, and the length of time he has been a resident thereof.

(e) His postoffice address.