arising from individual negligence or incapacity, or from increase or diminution of particular kinds of business; and he is to keep his superior officers advised of any existing defect in the arrangement or dispatch of business. Such defects are to be reported monthly, and each head of a department, chief of a bureau, or other superior officer, upon receiving such a report, is required to take action as hereinafter stated. (R. S., §§ 174, 175.)

The chief clerk is essentially the business officer of the department or bureau, acting in an administrative rather than in a clerical capacity.

By a recent act of Congress reorganizing the Treasury Department, the chief clerks of certain bureaus thereof were changed by designation to deputies, but the duties remain as before. Two classes of officers were at the same time created in the office of the Secretary of the Treasury, called chiefs and assistant chiefs of divisions, and in the several bureaus of that department a class also called chiefs of divisions.

In some of the other departments there are such officers as chiefs of bureaus, superintendents, &c.

These different classes of officers are merely referred to in this chapter in order to give a general idea of the organization of the several departments for business. The relations of those officers to their respective departments, and with the people whose business interests or necessities may bring the two into contact, will be treated of in other portions of this book under appropriate heads. Ascending still higher in the scale, it will be necessary to refer, in the proper place, to the immediate assistants to the head of each executive department, as that department is hereafter treated of separately.

30. Whenever it becomes necessary for the head of any department or office to employ special agents other than

officers of the army or navy who may be charged with the disbursement of public moneys, such agents shall, before entering upon duty, give bond in such form and with such security as the head of the department or office may approve. (R. S., § 3614.)

31. From the first day of October until the first day of April in each year all the bureaus and offices in the State, War, Treasury, Navy, and Post Office Departments, and in the General Land Office, are required by law to be open for the transaction of public business at least eight hours in each day; and from the first of April until the first of October in each year at least ten hours in each day, except Sundays and days declared public holidays by law. (R. S., § 162.)

It is made the duty, however, of the heads of the several executive departments, and of the respective bureaus therein, in the interests of the public service, to require of all clerks and chiefs of divisions therein such hours of labor as may be deemed necessary for the proper dispatch of the public business, not exceeding the time for which such departments are required to be opened for business. (Act June 20, 1874, Stats. 18, p. 109.)

32. The legal holidays mentioned are Sunday, Christmas Day, the fourth of July, and any day appointed by the President as a day of public fast or thanksgiving; and in. the District of Columbia the 1st of January. By a recent act of January 31, 1879, the 22d of February is also, after the year 1879, made a legal holiday in that District.

33. Each head of a department, chief of a bureau, or other superior officer, is required, upon receiving the monthly report of the chief clerk, to examine the facts stated therein, and take such measures as may be necessary and proper to amend existing defects in the arrange

ment or dispatch of business disclosed by such report. (R. S., § 175.)

34. In case of the death, resignation, absence, or sickness of the head of a department, the first or sole assistant thereof, unless otherwise directed by the President in accordance with law, is required to perform the duties of such head until a successor shall be appointed or until such sickness or absence shall cease.

Likewise, in case of the death, resignation, absence, or sickness of any chief of a bureau or an officer thereof whose appointment is not vested in the head of the department, the assistant or deputy of such chief or officer, or if there be none the chief clerk of such bureau, is required to perform the duties.

Except in case of the death, absence, resignation, or sickness of the Attorney-General, the President may, in his discretion, authorize and direct the head of any department, or any other officer in either department whose appointment is vested in the President by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed or the sickness or absence of the incumbent shall cease. But a vacancy occasioned by death or resignation cannot legally be filled under these provisions for a longer period than ten days. (R. S., §§ 177, 178, 179, 180.)

35. An officer or clerk of a department lawfully detailed to investigate fraud or attempted fraud on the Government, or any irregularity or misconduct of any officer or agent of the United States, has authority to administer oaths to witnesses attending to testify in the course of the investigation.

Any head of a department wherein a claim against the United States is properly pending may apply to any judge or clerk of any court of the United States, in any State, District, or Territory, to issue a subpoena for any witness

within the jurisdiction to appear, at a time and place stated, before any officer authorized to take depositions to be used in the United States courts, there to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined upon the subject of such claim. Compulsory process may be used in such cases by the court to enforce the appearance and testimony of the witness. (R. S., 65 184, 186.)

36. If the services of counsel are required by any head of a department at the examination of such witnesses or in the legal investigation of any claim pending in his department or any bureau thereof, he may give notice to the Attorney-General accordingly, and inform him of all the facts necessary to enable that officer to furnish proper professional service in attending such examination or in making the investigation. (R. S., § 187.)

37. The proper department, bureau, or officer, when called upon for the same by the Attorney-General in the interests of the defense of a suit in the Court of Claims against the United States involving transactions in such department or bureau or by such officer, is required to furnish a full statement in writing of all the facts, circumstances, and proofs, with a reference to or description of all official documents or papers, if any, as may furnish proof of facts necessary for the defense, mentioning the department, office, or place where the documents or papers may be procured.

If the claim has been passed upon and decided by the department, bureau, or officer, the statement must declare the reasons and principles, succinctly, upon which the decision was based. If such decision was founded upon an act of Congress, the act must be cited specifically; and any interpretation or construction of the same by the depart

ment, bureau, or officer must be set forth, and a copy of the opinion must be annexed. Where any decision in the case has been based upon a regulation of the department, or where such regulation has, in the opinion of the officer transmitting the statement, any bearing upon the claim in suit, the same must be distinctly quoted at length in the statement. Such statement may be held to apply to one case or a class of cases pending in the Court of Claims, the defense of which depends upon the same facts, circumstances, and proofs. (R. S., § 188.)

38. The head of a department is prohibited from employing attorneys or counsel at the expense of the United States; but when in need of counsel or advice, he is required to call upon the Department of Justice, the officers of which are required to attend to the same. (R. S., § 189.) 39. The balances which may from time to time be stated by the Auditor and certified to the heads of departments by the Commissioner of Customs or the Comptrollers of the Treasury, upon the settlement of public accounts, are not subject to be changed or modified by the heads of departments, but are conclusive upon the Executive branch of the Government, and subject to revision only by Congress or the proper courts. The head of the proper department, before signing a warrant for any balance certified to him by a Comptroller, may, however, submit to such Comptroller any facts in his judgment affecting the correctness of such balance, but the decision of the Comptroller thereon shall be final and conclusive, as hereinbefore provided. (R. S., § 191.)

Previous to the enactment of this provision, (March 30, 1868,) a long controversy had existed as to the exclusive jurisdiction of the accounting officers over matters of account. The opinions of Attorneys-General had left the question in much doubt; but it seems to have been at length