trict of Columbia, when necessary in the judgment of the commissioners to be tested, shall be tested by the Bureau of Standards under the same conditions as similar testing is required to be done for the United States Government. (37 Stat. 945.) This was a provision of the District of Columbia appropriation act for the fiscal year 1914, cited above. § 925. (Act March 3, 1901, c. 872, § 4.) Officers and employés; salaries. The officers and employees of the bureau shall consist of a director, at an annual salary of five thousand dollars; one physicist, at an annual salary of three thousand five hundred dollars; one chemist, at an annual salary of three thousand five hundred dollars; two assistant physicists or chemists, each at an annual salary of two thousand two hundred dollars; one laboratory assistant, at an annual salary of one thousand four hundred dollars; one laboratory assistant, at an annual salary of one thousand two hundred dollars; one secretary, at an annual salary of two thousand dollars; one clerk, at an annual salary of one thousand two hundred dollars; one messenger, at an annual salary of seven hundred and twenty dollars; one engineer, at an annual salary of one thousand five hundred dollars; one mechanician, at an annual salary of one thousand four hundred dollars; one watchman, at an annual salary of seven hundred and twenty dollars, and one laborer, at an annual salary of six hundred dollars. (31 Stat. 1449.) Subsequent appropriations provided for increased salaries for the Director and other officers, etc., and for additional physicists, chemists, assistants, etc., and clerks and other employés. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat. All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, § 3228a. The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b. Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a. Director; appointment; § 926. (Act March 3, 1901, c. 872, § 5.) powers and duties; report; bulletins. The director shall be appointed by the President, by and with the advice and consent of the Senate. He shall have the general supervision of the bureau, its equipment, and the exercise of its functions. He shall make an annual report to the Secretary of the Treasury, including an abstract of the work done during the year and a financial statement. He may issue, when necessary, bulletins for public distribution, containing such information as may be of value to the public or facilitate the bureau in the exercise of its functions. (31 Stat. 1449.) The duties and powers possessed or exercised by the Secretary of the Treasury in and over the Bureau, under the provisions of this section and sections 6 and 8-10 of this act, post, §§ 927, 929-931, were vested in the head of the Department of Commerce, by Act Feb. 14, 1903, c. 552, §§ 4, 10, ante, §§ 857, 859. § 927. (Act March 3, 1901, c. 872, § 6.) Appointment of officers and employés. The officers and employees provided for by this Act, except the director, shall be appointed by the Secretary of the Treasury, at such time as their respective services may become necessary. (31 Stat. 1450.) See note to section 5 of this act, ante, § 926. § 927a. (Act July 16, 1914, c. 141, § 1.) Apprentices; promotion. Apprentices in the Bureau of Standards may be promoted after satisfactory apprenticeship, with the approval of the Civil Service Commission, to positions corresponding to the journeyman grades for which their duties logically prepare them, without regard to apportionment: Provided, That they thus acquire no rights to transfer to other lines of work. (38 Stat. 502.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1915, cited above. § 928. (Act March 4, 1911, c. 237, § 1.) Designation of officer to perform duties of Director during his absence. Hereafter in the case of the absence of the Director of the Bureau of Standards the Secretary of Commerce and Labor may designate some officer of said bureau to perform the duties of the director during his absence. (36 Stat. 1231.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1912, cited above. The Secretary of Commerce and Labor is to be called the Secretary of Commerce by a provision of Act March 4, 1913, c. 141, § 1, post, § 932. § 929. (Act March 3, 1901, c. 872, § 8.) Fees for comparisons, tests, etc. For all comparisons, calibrations, tests, or investigations, except those performed for the Government of the United States or State governments within the United States, a reasonable fee shall be charged, according to a schedule submitted by the director and approved by the Secretary of the Treasury. (31 Stat. 1450.) See note to section 5 of this act, ante, § 926. Notes of Decisions Rights of states.-Each state may properly demand and receive from the National Bureau of Standards all comparisons, calibrations, tests, or investigations, free of charge, which are necessary or essential for a state govern ment in performing its lawful functions. (1903) 24 Op. Atty. Gen. 667. State institutions may also call upon and receive from that Bureau, free of charge, such services as state governments would be entitled to have performed. Id. § 930. (Act March 3, 1901, c. 872, § 9.) Regulations. The Secretary of the Treasury shall, from time to time, make regulations regarding the payment of fees, the limits of tolerance to be attained in standards submitted for verification, the sealing of standards, the disbursement and receipt of moneys, and such other matters as he may deem necessary for carrying this Act into effect. (31 Stat. 1450.) See note to section 5 of this act, ante, § 926. Requests for services.-The Secretary of the Treasury is authorized to provide by regulation what officer or officers of "state governments" shall be recognized by the Bureau in requests made upon it for the services specified in the act. (1903) 24 Op. Atty. Gen. 667. § 931. (Act March 3, 1901, c. 872, § 10.) Visiting committee. There shall be a visiting committee of five members to be appointed by the Secretary of the Treasury, to consist of men prominent in the various interests involved, and not in the employ of the Government. This committee shall visit the bureau at least once a year, and report to the Secretary of the Treasury upon the efficiency of its scientific work and the condition of its equipment. The members of this committee shall serve without compensation, but shall be paid the actual expenses incurred in attending its meetings. The period of service of the members of the original committee shall be so arranged that one member shall retire each year, and the appointments thereafter to be for a period of five years. Appointments made to fill vacancies occurring other than in the regular manner are to be made for the remainder of the period in which the vacancy exists. (31 Stat. 1450.) See note to section 5 of this act, ante, § 926. (511) TITLE XII B THE DEPARTMENT OF LABOR A Department of Labor, under charge of a Commissioner of Labor, was established by Act June 13, 1888, c. 389, 25 Stat. 182, and by section 9 of that act, the Bureau of Labor, created under Act June 27, 1884, c. 127, 23 Stat. 60, was to cease on the organization of the Department. The Department of Commerce and Labor, as an Executive Department, with a Secretary of Commerce and Labor as the head thereof, was established by Act Feb. 14, 1903, c. 552, 32 Stat. 825, and by section 4 of that act, the Department of Labor was placed under the jurisdiction and made a part of the Department of Commerce and Labor with various other offices, bureaus, and branches of the public service also transferred to and placed under the jurisdiction of the Department so established. In subsequent appropriation and other acts, the Department of Labor was designated as the Bureau of Labor in that Department. But by Act March 4, 1913, c. 141, 37 Stat. 736, a new executive department was created, to be called "The Department of Labor," with a Secretary of Labor to be the head thereof, and the Department of Commerce and Labor was thereafter to be called the Department of Commerce, and the Secretary thereof to be called the Secretary of Commerce; the Commissioner General of Immigration, the Commissioners of Immigration, the Bureau of Immigration and Naturalization and the Immigration Service at Large, and the Children's Bureau which had been established in the Department of Commerce and Labor, were transferred therefrom to the Department of Labor to thereafter remain under the jurisdiction of that Department; and the Bureau of Labor and the Commissioner of Labor were likewise transferred to the Department of Labor, with further provisions that the Bureau of Labor should thereafter be known as the Bureau of Labor Statistics, and the Commissioner of Labor be known as the Commissioner of Labor Statistics. This title, inserted here as additional to the original titles of the Revised Statutes, includes the provisions of said acts and subsequent acts remaining in force and applicable to the Department of Commerce, those relating to the Department, its officers, clerks, employés, etc., generally, being placed in chapter A, and provisions applicable only to particular bureaus, offices, etc., being grouped in the subsequent chapters under the titles of the several bureaus, offices, etc. Sec. 937. Detail of special immigrant in- Sec. ments over bureaus, offices, etc., transferred to Department. 941. Annual report to Congress; special investigations and reports. 942. Report on coordination of activities, duties, and powers of the office of Secretary of Labor with those of existing bureaus, commissions, and Departments, relating to labor and its conditions. 943. Report of expenditures of Division of Naturalization. § 932. (Act March 4, 1913, c. 141, § 1.) Establishment of the Department; Secretary of Labor; change of designations of Department and of Secretary of Commerce and Labor; purpose of Department of Labor; seal. There is hereby created an executive department in the Government to be called the Department of Labor, with a Secretary of Labor, who shall be the head thereof, to be appointed by the President, by and with the advice and consent of the Senate; and who shall receive a salary of twelve thousand dollars per annum, and whose tenure of office shall be like that of the heads of the other executive departments; and section one hundred and fifty-eight of the Revised Statutes is hereby amended to include such department, and the provisions of title four of the Revised Statutes, including all amendments thereto, are hereby made applicable to said department; and the Department of Commerce and Labor shall hereafter be called the Department of Commerce, and the Secretary thereof shall be called the Secretary of Commerce, and the Act creating the said Department of Commerce and Labor is hereby amended accordingly. The purpose of the Department of Labor shall be to foster, promote, and develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employment. The said Secretary shall cause a seal of office to be made for the said department of such device as the President shall approve and judicial notice shall be taken of the said seal. (37 Stat. 736.) This was the first section of an act entitled "An act to create a Department of Labor," cited above. Provisions of sections 2-3, 5, 6, and 8–10, relating to the Department and the Secretary generally, are set forth in this chapter, post, §§ 933-936, 940– 942. Section 4 of the act, as well as provisions of other sections, relating to particular bureaus only, are set forth under subsequent chapters of this Title. Section 7 of the act, providing for a Solicitor of the Department of Justice for the Department of Labor, is set forth ante, § 526. R. S. § 158, ante, § 232, amended by this section, defined the Executive Departments to which Title IV, relating to all the Executive Departments, should apply. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant thereof is required, unless otherwise directed, to perform the duties of the head of such Department until a successor is appointed, or such absence or sickness shall cease, by R. S. § 177, set forth ante, § 259. In case of the death, resignation, absence, or sickness of the head of any Department, except where the Attorney General is concerned, the President may authorize and direct the head of any other Department or any 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, by R. S. § 179, also set forth ante, § 261. All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an an1 U.S.COMP.'16-33 (513) |