Secs. CHAPTER 5 CIVILIAN OFFICERS AND EMPLOYEES 692-693. APPOINTMENT. 694. ASSIGNMENT TO DUTY. 695-698. COMPENSATION FOR DEATH OR INJURY. 699. CONTRIBUTIONS OR GIFTS. 700. DEALING WITH GOVERNMENT. 702-705. DISCHARGE. 706-715. EMPLOYMENT. 716. FOREIGN OFFICE OR EMOLUMENT. 717. HOSPITALIZATION. 718-752. HOURS OF LABOR. 753. JURY DUTY. 754–757. LIABILITY. 758. MEDICAL TREATMENT. 759-766. MILITARY PREFERENCE. 767. OATH OF OFFICE. 768-769. PATENTS. 770. PUBLICATIONS BY. 771–772. REINSTATEMENT. 773. RESIDENCE. 774-775. RESIGNATION. 776. STATE OR DISTRICT OF COLUMBIA LAWS AF FECTING. 777. STATE OR MUNICIPAL OFFICE OR EMPLOYMENT. 778-781. STOPPAGE OF PAY OR RETIREMENT DEDUCTIONS. 692. A permanent appointment by the Secretary of War can not be made to relate back to date of a prior temporary appointment to same position. 230.212, Feb. 2, 1921. REVOCATION 693. Section 9, Civil Service Act of January 16, 1883 (22 Stat. 406), provides "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." Where, however, through inadvertence an appointment has been made of a third member of a family, and such appointment has been accepted by the appointee without any fraud on his part or concealment of material facts, it is then too late for the Civil Service Commission to correct its certification; and the person so appointed may lawfully be retained in the service. (30 Ops. Atty. Gen. 169.) 230.8, Mar. 19, 1918. ASSIGNMENT TO DUTY 694. In the absence of explicit language directing that an employee shall be exclusively engaged upon work authorized by the appropriation from which paid, the head of a department has broad discretion as to the particular work upon which he will assign such employee. (8 Comp. Dec. 776.) 230.352, Oct. 80, 1924. Secs. COMPENSATION FOR DEATH OR INJURY 695. IN GENERAL. 696. NATURE OF DISABILITY. 697. SERVICES, APPLIANCES AND SUPPLIES. 698. WAIVER. IN GENERAL 695. The act of September 7, 1916 (39 Stat. 742), creates a United States Employees' Compensation Commission and empowers it to determine and make findings of facts and awards for or against payment of compensation. A claim for compensation for the death of a civilian employee must be presented to such Commission. 248.5, Jan. 25, 1919. A laborer, who was assisting in the unloading of a Government automobile, attempted to jump upon the running board of said automobile and when it started to back up was injured. The board of officers found that there was no fault or negligence on the part of the Government, but that the laborer contributed to his own injury. This man has no enforceable claim against the Government, and can be given only such relief as is authorized under the act of September 7, 1916 (39 Stat. 742). Claim should be presented to the United States Employees' Compensation Commission, Washington, D. C. 152, Aug. 26, 1919. Civilian employees of the War Department injured while in line of duty are entitled to compensation under the United States employees' compensation act of September 7, 1916 (39 Stat. 742). This act is administered by the United States Employees' Compensation Commission under the Department of Labor, and application should be made to this commission for any information pertaining to the general provisions and operations of the act. 248.5, Feb. 16, NATURE OF DISABILITY 696. A civilian employed by the United States in oversea duty was returned to this country violently insane and was admitted to an embarkation hospital. Held, That his case is not within the Federal employees' compensation act of September 7, 1916 (39 Stat. 742), for the reason that such act applies only to personal injuries; that he should be returned to his home or to the place where he was engaged by the United States and there turned over to the civil authorities; that his transportation and other necessary expenses of his return should be paid from the appropriation "Contingencies of the Army." 705, June 13, 1918. SERVICES, APPLIANCES AND SUPPLIES 697. The post surgeon when within the post is the official medical officer within the meaning of section 9, act of September 7, 1916 (39 Stat. 743), as regards civilian employees of the United States who are injured while performing their duties in construction work at an Army post. The surgeon having any such case in charge should sign any statement or certificate necessary to complete a thorough history of the case, so far as he may be connected with it. In a community where there is provided by the United States Compensation Commission an out-patient office or hospital, where medical or surgical attention is available for the relief of civil employees of the United States injured while in the performance of their duties, the post surgeon would not be required to attend any such injured civilians after their removal to such hospital for treatment or later upon their removal from such hospital to their homes. 701, Mar. 30, 1918. The liability of the United States to render surgical and medical treatment to civilian employees is completely defined in the act of September 7, 1916 (39 Stat. 742), through which the Government assumes to furnish medical care and supplies to injured employees. While provision is therein made for such care through the instrumentality of the Employees' Compensation Commission, which is authorized to furnish medical care and supplies from private sources where it is not practicable to use Government medical officers and hospitals, the act does not authorize the employment of private physicians and hospitals through any other agency than the Commission, for which reason the employment of civilian doctors and nurses at an ordnance depot is not authorized. 231.23, July 30, 1919. The matter of furnishing medical attention to injured civilian employees is, by the act of September 7, 1916 (39 Stat. 742), placed under the jurisdiction of the United States Employees' Compensation Commission. Regulations promulgated by the commission provide that the United States shall furnish medical attention for a reasonable time after injury, but where this is not practicable, such attention shall be furnished by physicians designated or approved by the commission. There is no appropriation under the control of the War Department available for the payment of bills contracted with private physicians by injured civilian employees. 701, Nov. 18, 1919. WAIVER 698. The right of employees of the United States who have suffered injury while in the performance of their duties to compensation is a statutory right under the act of September 7, 1916 (39 Stat. 742), and as such can not be waived either voluntarily or as a condition precedent to employment. 248.5, July 25, 1922. CONTRIBUTIONS OR GIFTS 699. R. S. 1784 (par. 2e (4), AR 600-10) provides that no officer, clerk, or employee in the Government service shall solicit contributions from officers, clerks, or employees in the same service for a gift or a present to any one in a superior official position, and prohibits any such official or clerical superior from accepting any such present, Held, That the forelady in the tent department of the Philadelphia, Pa., depot of the Quartermaster's Department, who only has the duty of distributing work among employees and superintending its execution, is not an official or clerical superior nor a person occupying a superior official position within the meaning of said statute, and does not violate its provisions by accepting presents from employees under her direction which have been paid for with money raised by voluntary subscription among such employees, nor does the employee who solicits such subscription thereby violate said statute. C. 29736, May 29, 1912. The activities of the Military Training Camps Association (not a Government agency) and those of the citizens' military training camp were combined in one office and a civilian clerk was employed upon the work of both activities without there being any agreement prorating her time, with an adjustment of her compensation accordingly. Held, That steps should be taken to classify the position as part time under section 3, Classification Act of March 4, 1923 (42 Stat. 1489). It was a violation of sec. 1, act of March 3, 1917 (39 Stat. 1106), for the clerk to receive compensation from the M. T. C. A. for service rendered to the Government in her capacity as a Government employee. 248.8, Sept. 27. 1930. DEALING WITH THE GOVERNMENT 700. A corporation duly organized under the laws of the State of Kansas submitted a bid for supplying butter at Fort Riley in said State for the month of June, 1914. The secretary of the company was a Government clerk in the United States Mounted Service School. Paragraph 521, A. R., 1913, prohibited the purchase of supplies for the Government from any person in the military service or the contracting with any such person to furnish supplies or service to the Government. (Similar provisions are now found in par. 22, AR 5–100.) Held, That said regulations did not apply to contracts made with incorporated companies (Dig. Op. J. A. G., 1912, p. 353), and recommended that the company be informed that the fact that some of its officers or stockholders might be employed in the military service did not disqualify it from submitting proposals to furnish supplies, but that paragraph 527 of the same regulations (par. 3, AR 5-160) prohibited persons belonging to or employed in the military service from rendering assistance in the preparation of proposals. 76-331.4, Aug. 4, 1914. Under present statutory provisions (sec. 41 of Criminal Code (35 Stat. 1097); sec. 3, act of Aug. 10, 1917 (40 Stat. 276); and paragraph 521, A. R., par. 22, AR 5-100), an officer or employee in the military service is prohibited from acting as an officer or agent of the Government in making any contract or placing any order with a firm or corporation in which he may have a pecuniary interest, and from inducing or advising any authorized officer to make a contract or place an order with such firm or corporation. Otherwise, there is no objection to an officer or employee in the military service entering into contractual relations with the Government or owning an interest in a firm or corporation which enters into contracts with the Government. 161.44, Nov. 6, 7, 1917. DETAIL 701. In order to obtain the services of an adequate force of technical men necessary for the proper conduct of his office in Washington, D. C., the Chief Signal Officer desires to employ men of technical training in the Signal Service at large, with stations at various points, and from time to time to assign them temporarily to duty at Washington. Section 4, act of August 5, 1882 (22 Stat. 255), provides a heavy penalty for evasion of the legislative restrictions against thus indirectly expanding the office forces in Washington and charging the same to field-service expenditure, and only Congress can give him relief. The Secretary of War has no such power. Relief under similar circumstances was afforded the Chief of Ordnance by act of October 6, 1917 (40 Stat. 345, 367). 230.2, Aug. 6, 1918. 702. Charges of turning in defective work and violating the rules were made against a seamstress at a quartermaster depot, to which she made reply. The Chief of the Quartermaster Corps having decided that the evidence was not sufficient to warrant a discharge, the papers were again submitted with additional affidavits supporting the charges and findings of the depot council that her discharge should be recommended. Section 6, act of August 24, 1912 (37 Stat. 555), appropriating for the Post Office Department, provides that no person in the classified civil service shall be removed therefrom except for reasons stated in writing, and that a copy of the charges preferred shall be furnished to the person sought to be removed who shall also be allowed a reasonable time for personally answering the same in writing; and affidavits in support thereof; Held, That the statute gives to the employee the right to answer not only the charges but also the affidavits in support thereof, and as the new evidence in this case does not seem to have been brought to the attention of the accused employee the record does not show compliance with the statute. The accused should be given opportunity to answer or explain the allegations in the affidavits. 16-210, Nov. 20, 1912. Section 6, Post Office appropriation act of August 24, 1912 (37 Stat. 555), provides: That no person in the classified civil service of the United States shall be removed therefrom except for such cause as will promote the efficiency of said service and for reasons |