the respective duties and powers of the said departments respecting such purchases; and also to adopt and prescribe general regulations for the transportation of the articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, for the safe keeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such other officers as may, by virtue of such regulations, be intrusted with the same. And the secretary aforesaid is also authorized to fix and make reasonable allowances for the storerent, storage, and salary of storekeepers necessary for the safe keeping of all military stores and supplies.-Sec. 5, March 3, 1813, chap. 48.

ба

5. The transportation of troops, munitions of war, equipments, military property and stores, throughout the United States, shall be under the immediate control and supervision of the secretary of war,' and such agents as he may appoint; and all rules, regulations, articles, usages, and laws in conflict with this provision are hereby annulled.-Sec. 4, January 31, 1862, chap. 15.

6. All moneys appropriated for the Washington Aqueduct, and for the other public works in the District of Columbia, shall be expended under the direction of the secretary of war.-Sec. 3, March 30, 1867, chap. 20.

7. The secretary of war shall cause to be prepared and submitted to Congress, in connection with the reports of examinations and surveys of rivers and harbors hereafter made by order of Congress, full statements of all existing facts tending to show to what extent

The matter of transportation placed under the immediate control of the secretary. See ¶5, and note 7. For his power over the Army Regulations see Chap. v. (a.) MILITARY STOREKEEPERS, eo nomine, have rank and pay prescribed by law. See Chap. xviii., 521. But in this statute rests the authority for employment of such clerks, warehousemen, watchmen, and others as may be necessary to the safe-keeping and distribution of all military stores and supplies.

(b.) The annual appropriations make provision for the employment of clerks, etc., under the direction of the chiefs of bureaus. See also ¶ 234.

7 TRANSPORTATION.-Under the act of 1812 (see Chap. viii., ¶ 226), it was exclusively the duty of the quartermaster's department, under the supervisory control of the secretary of war, to provide transportation for the army, its stores, etc. But it is evidently intended by this act of 1862 to authorize the secretary either to keep the whole matter of transportation under his own immediate control, or to transfer it in whole or in part to such department or departments of the army as he may deem best. The duty of transporting all troops, supplies, etc., has, however, been left with the quartermaster's department.

8 PUBLIC WORKS.-And, beginning with the act of June 28, 1864, it has been a condition incorporated in all appropriations for the public works, connected with commerce and navigation, that the moneys appropriated should be expended under the direction of the secretary of war. See acts of June 23, 1866; March 2, 1867; July 25, 1868; April 10, 1869; December 23, 1869; July 7, 11, and 15, 1870; February 2, 1871; March 3, 1871; and April 15, 1871; and Joint Resolutions of March 29, 1867; May 5, 1870; and February 21, 1871.

the general commerce of the country will be promoted by the several works of improvements contemplated by such examinations and surveys, to the end that public moneys shall not be applied excepting where such improvements shall tend to subserve the general commercial and navigation interests of the United States. 8-Joint Resolution, July 27, 1868.

8. All books, papers, documents, and records in the war, navy, treasury, and post-office departments,

may be copied and certified under seal in the same manner as those in the state department may now by law be, and with the same force and effect. Sec. 3, February 22, 1849, chap. 61.

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9. That during the absence of the quartermaster-general, or the chief of any other military bureau of the war department, the President be authorized to empower some officer of the department or corps whose chief is absent to take charge thereof and to perform the duties of quartermaster-general or chief of the department or corps, as the case may be, during such absence. Provided, That no additional compensation be allowed therefor.-Sec. 5, July 4, 1836, chap. 356.

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10. In case of the death, resignation, absence, or sickness of the bead of any executive department of the government, the first or sole assistant thereof shall, unless otherwise directed by the President of the United States, as is hereinafter provided, perform the duties of such head until a successor be appointed, or such absence or sickness shall cease.-Sec. 1, July 23, 1868, chap. 227.

11. In case of the death, resignation, absence, or sickness of the chief of any bureau, or of any officer thereof, except commissioner of patents, whose appointment is not in the head of any executive department, the deputy of such chief or of such officer, or if there be no deputy, then the chief clerk of such bureau, shall, unless otherwise directed by the President of the United States," as is herein

(a.) And the secretary is to make annual reports to Congress of the progress toward completion of the improvements in "water communication between the Mississippi River and Lake Michigan, by the Wisconsin and Fox Rivers."-Act of July 7, 1870, chap. 210.

9 The statute thus referred to (sec. 5, September 15, 1789) enacts that "the said secretary [of state] shall cause a seal of office to be made for the said department [of state] of such device as the President of the United States shall approve; and all copies of records and papers in the said office, authenticated under the said seal, shall be evidence equally as the original record or paper."

10 Are¶¶ 11, 12, to be considered in connection with this section? See following

note.

11 TEMPORARY VACANCIES IN THE DEPARTMENT AND ITS BUREAUS.—This act (¶¶ 10-12) seems to mean that:

If the President does not see fit to let the deputy of the chief of a bureau, or the

after provided, perform the duties of such chief or of such officer until a successor be appointed or such absence or sickness shall cease. And no appointment, designation, or assignment otherwise than as is herein provided, in the cases mentioned in the first, second, and third sections of this act, shall be made except to fill a vacancy happening during the recess of the Senate.-Sec. 2, ibid.

12. In any of the cases herein before mentioned it shall be lawful for the President of the United States, in his discretion, to authorize and direct the head of any other executive department or other officer in either of those departments whose appointment is, by and with the advice and consent of the Senate, vested in the President, to perform the duties of the office vacant as aforesaid until a successor be appointed, or the sickness or absence of the incumbent cease. Provided, That nothing in this act shall authorize the supplying as aforesaid a vacancy for a longer period than ten days. when such vacancy shall be occasioned by death or resignation, and the officer so performing the duties of the office temporarily vacant shall not be entitled to extra compensation therefor. -Sec. 3, ibid.

13. It shall be the duty of each chief or principal clerk" in the

deputy of any officer of a bureau whose appointment is not vested in the head of the executive department, or, if there be no deputy, then the chief clerk of such bureau, act in his chief's stead, in any of the cases provided for in this act, it shall be lawful for him to authorize and direct some other officer, in either of those departments whose appointment is vested in himself, to perform the duties, etc. Under such power, the President can appoint to a vacancy occurring in the chieftaincy of a bureau, or in any office thereof, the appointment to which is not in the head of any executive department, any officer in either of those departments whose appointment is, by and with the advice and consent of the Senate, vested in him. He is not, as by the act of 1836 (¶9), limited in the exercise of this power, to the appointment of some officer of the department or corps whose chief is absent.

(a.) See also last clause of ¶ 9. Sec. 4, act of March 3, 1849, had, however, modified the prohibition in act of 1836, by enacting that "no clerk or other officer shall receive the salary of any secretary or head of bureau for acting or having acted in his place or office, while said secretary or head of bureau receives such salary."

12 CHIEF CLERKS.-A chief clerk, in the department of war, to be appointed by the secretary, was first authorized in the act of 1789 (¶ 2), but in the act of March 3, 1853, it was also provided "that there shall be a chief clerk for each of the departments of the treasury, war," etc., "who shall be allowed an annual compensation of two thousand two hundred dollars each." A salary of two thousand five hundred dollars is, however, appropriated for the chief clerk of this department, for the year ending June 30, 1873. See note 18.

"The chief clerk will receive all communications from the several bureaus of the war department addressed to the secretary of war, and which may require his action. "The chief clerk will also receive and distribute the official mail; have the custody and be responsible for the safe-keeping of all the books and papers in the department, of the building, and all property therein; and be the medium of communication between the secretary of war and the officers of the department and all other persons. "He will, for the present, continue to discharge the duties of disbursing clerk."Secretary of War, April 15, 1871.

A chief clerk in each of the bureaus, excepting the signal office, and office of the inspector-general, is recognized in the act of May 8, 1872, appropriating a salary for each of two thousand dollars. See note 18.

respective departments, bureaus and other offices, to supervise, under the direction of his immediately superior officer, the duties of the other clerks therein, and to see that their duties are faithfully executed, and that such duties are distributed with equality and uniformity, according to the nature of the case. And such distribution shall be revised, from time to time, by the said chief or principal clerk, for the purpose of correcting any tendency to undue accumulation or reduction of duties, whether arising from individual negligence or incapacity, or from increase or diminution of particular kinds of business; and such chief or principal clerk shall report monthly to his superior officer any existing defect that he may be aware of in the arrangements or dispatch of business; and such defect shall be amended by new arrangements of duties, dismissal of negligent or incompetent officers or otherwise.-Sec. 13, August 26, 1842, chap. 202.

14. The clerks in the departments of the treasury, war, navy, the interior, and the post-office, shall be arranged into four classes, of which class number one shall receive an annual salary of nine hundred dollars each, class number two an annual salary of one thousand two hundred dollars each, class number three an annual salary of one thousand five hundred dollars each,13 and class number four an annual salary of one thousand eight hundred dollars each.

No clerk shall be appointed in either of the four classes until after he has been examined and found qualified by a board," to consist of three examiners, one of them to be the chief of the bureau or office into which he is to be appointed, and the two others to be selected by the head of the department to which the said clerk will be assigned. Nor shall any clerk in the departments herein named receive any other salary or money for extra services than the sum or sums specified in this section, at any time after this section has been executed by a classification of the

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13 SALARIES of classes one, two, and three, increased by act of 1854. See ¶ 15. 14 OATH OF OFFICE.-And upon appointment each clerk must take the oath prescribed in Chap. xix., ¶ 542. That oath, or affirmation, may be taken before any justice of the peace, or notary public, or other person who is legally authorized to administer an oath, in the State or district where the same may be administered. See sec. 2, August 6, 1861.

15 EXTRA COMPENSATION has been prohibited time and again-the legislature having apparently found difficulty in giving unequivocal expression to its intentions. Sec. 11, act of August 26, 1842, provides that "no greater allowance shall be made to any such clerk or other person than is or may be authorized by law, except to watchmen and messengers, for any labor or services required of them beyond the particular duties of their respective stations, rendered at such times as does not interfere with the performance of their regular duties;" and sec. 12, same act, declares that "no allowance or compensation shall be made to any clerk or other officer, by reason of the discharge of duties which belong to any other clerk or officer in the same or any other department; and no allowance or compensation shall be made for

clerks as it prescribes. There shall be a disbursing clerk for each of the departments of war, navy, and . . . at the discretion of the secretary thereof; The said clerks to be appointed out of class four by the heads of the respective departments,16 and to receive such sum, in addition to their regular salaries, as may amount in all to two thousand dollars per annum. But it shall be their further duty, when designated by the head of the department for that service, to superintend the buildings, and they shall give bonds as required by the independent treasury act.16a Provided, That the clerks when distributed and arranged as required by this section shall be paid according to its provisions, out of any money in the treasury not otherwise appropriated, and shall constitute the whole of the permanent" clerical force of the departments of the treasury, war, navy, And provided fur

ther, That each head of the said departments may alter the distribution herein made of the clerks amongst the various bureaus and offices in his department, if he should find it necessary and proper to do so.-Sec. 3, March 3, 1853, chap. 97.

15. Of the clerks authorized by the third section of the act approved March 3, 1853, entitled "An act making appropriations for the civil and diplomatic expenses of government for the year ending the 30th of June, 1854" [¶ 14], those of the first class shall receive a salary of twelve hundred dollars per annum; those of the second class, a salary of fourteen hundred dollars per annum; those of the third class, a salary of sixteen hundred dollars per annum.— Sec. 1, April 22, 1854, chap. 52.

16. That all acts and joint resolutions, or parts thereof, . granting extra compensation or pay, be, and the same are hereby,

any extra services whatever, which any clerk or other officer may be required to perform." See also the prohibitory legislation in ¶ ¶ 9, 12, 16, and 348–352.

16 DISBURSING CLERKS.-The additional compensation of two hundred dollars per annum may be paid whether the disbursing clerk "shall have been appointed from class four, or from a higher grade, any existing law to the contrary notwithstanding. -Act of May 31, 1872, chap. 246.

(a.) SUPERINTENDENT OF PUBLIC BUILDINGS.-See appropriations for extra pay to clerks acting as: note 18.

17 EXTRA CLERKS.-Sec. 15, act of August 26, 1842, had enacted that "no extra clerk shall be employed, in any department, bureau, or office, at the seat of government, except during the session of Congress, or when indispensably necessary to enable such department, bureau, or office, to answer some call made by either house of Congress at one session, to be answered at another; and not then, except by order of the head of the department in which, or in some bureau or office of which, such extra clerk shall be employed; and no such extra clerk, for copying, shall receive more than three dollars per day, or for any other service more than four dollars per day, for the time actually and necessarily employed." But, under the prohibitions recited in ¶¶ 19, 104, and 353, it would seem that no extra clerks" are authorized under any circumstances. See Chap. viii., note 12.