EXECUTIVE ORDERS.
Special Departmental Rule No. 1 is hereby amended by striking out the whole of the paragraph in section 3, Department of the Interior, relating to the Geological Survey and substituting in lieu thereof the following:
In the Geological Survey: Geologist, assistant geologist, paleontologist, assistant paleontologist, chief photographer, photographer, chief chemist, chemist, assistant chemist, chief engraver, engraver, assistant engraver, lithographic engraver, map printer, lithographic printer, assistant lithographic printer, map reviser, statistical experts temporarily employed.
Approved, December 4, 1894.
GROVER CLEVELAND.
Departmental Rule VII is hereby amended by adding thereto the following section, to be numbered 9:
The Commission shall certify for transfer and reappointment to any classified non-excepted place in the departmental service, upon the requisition of the head of a Department, any person who at the time of making such requisition is holding an office outside the classified service in any Executive Department at Washington to which he was appointed from a classified place in the departmental service; and upon the requisition of any head of Department the Commission shall certify for reinstatement in the classified service of said Department any such officer who within one year next preceding the date of the requisition, by the abolition of his office or otherwise, has without delinquency or misconduct been separated from said office: Provided, That this section shall not authorize the reappointment to the classified service of any such officer or ex-officer who was appointed to his office from an excepted place, unless his appointment to such excepted place was by promotion from a nonexcepted place.
Approved, December 15, 1894.
GROVER CLEVELAND.
EXECUTIVE MANSION, January 3, 1895.
Postal Rule II, clause 5, is amended by striking out paragraph (e) and relettering paragraph (f) as (e), so that as amended the clause will read:
5. Exceptions from examination in the classified postal service are hereby made as follows:
(a) Assistant postmaster, or the chief assistant to the postmaster, by whatever designation known.
(b) One secretary to the postmaster, when authorized by law and allowed by the Post-Office Department.
(c) Cashier, when authorized by law and employed under that roster title.
(d) Assistant cashier, when authorized by law and employed under that roster title.
(e) Printers and pressmen, when authorized by law and allowed by the Post-Office Department and employed as such.
Approved:
GROVER CLEVELAND.
EXECUTIVE MANSION, February 12, 1895.
Departmental Rule VII, clause 8, is hereby amended to read as follows:
In case of the occurrence of a vacancy in any Department which the public interest requires shall be immediately filled, and which can not be so filled by certification from the eligible registers of the Commission, such vacancy may be filled by temporary appointment outside the civil service until a regular appointment can be made under the provisions of sections 1, 2, and 3 of this rule: Provided, That such temporary appointment shall in no case continue longer than ninety days, and shall expire by limitation at the end of that time: And provided further, That no person shall serve longer than the period herein prescribed in any one year under such temporary appointment.
The year limitation in regard to reappointment shall begin to run on the date of the original appointment.
Every such temporary appointment and the discontinuance of the same shall at once be reported to the Commission.
Postal Rule IV, clause 4, is hereby amended to read as follows:
4. In case of the occurrence of a vacancy in a position within the classified service of any post-office which the public interest requires shall be immediately filled, where there is no eligible remaining on the proper register, such vacancy may be filled by temporary appointment outside the civil service until a regular appointment can be made under the provisions of sections 1 and 2 of this rule: Provided, That such temporary appointment shall in no case continue longer than ninety days, and shall expire by limitation at the end of that time: And provided further, That no person shall serve more than ninety days in any one year under such temporary appointment.
The year limitation in regard to reappointment shall begin to run on the date of the original appointment.
Every such temporary appointment and also the discontinuance of the same shall at once be reported to the Commission.
Approved:
GROVER CLEVELAND.
General Rule II: Strike out the word "five" in line 1 and insert in lieu thereof the word "six," and add at the end of the rule a new clause, as follows:
6. The classified internal-revenue service
General Rule III, section 5: Insert after the word "may" in line 1 the words "in its discretion," and after the word "appointment" in line 2 the following: "or an applicant who has been guilty of a crime or of infamous or notoriously disgraceful conduct." As amended the section will read:
5. The Commission may, in its discretion, refuse to examine an applicant who would be physically unable to perform the duties of the place to which he desires appointment or an applicant who has been guilty of a crime or of infamous or notoriously disgraceful conduct. The reason for any such action shall be entered on the minutes of the Commission.
Section 9: In line 1 strike out the word "departmental," and after the word "service" in the same line and in line 2 the words "and the classified railway mail service."
General Rule V: In line 2 change the order of words and insert other words so as to make the phrase amended read as follows: "and postmasters and customs and internal-revenue officers and custodians of public buildings."
General Rule IV, section 2: Insert after the word "may" in line 1 the words "in its discretion."
Departmental Rule II: In section 1, line 2, after the word "such," insert the word "other" and strike out the words "supplementary and special." In section 2, line 2, strike out the words "supplementary and special" and insert in lieu thereof the word "other."
Departmental Rule IV: In section 1, after the semicolon following the word "age" in line 4, insert the following: "or for the position of messenger or assistant messenger who is not under 18 years of age, or for the position of page or messenger boy who is not under 14 nor over 18 years of age."
Departmental Rule V: In section 2, paragraph 6, line 1, after the word "postal," insert the words "internal-revenue."
Departmental Rule VI: In section 1, line 2, after the word "of," strike out the words "special and supplementary" and insert in lieu thereof the word "other." In section 4, line 7, after the words "clerk-copyist," insert the words "or the messenger and watchman." In section 5, line 3, after the word "printing," insert the words "or for page or messenger boy."
Departmental Rule VII: In section 3, at the beginning of line 2, before the word "register," insert the words "the messenger or the watchman." In the second paragraph of the same section, in line 2, after the word "assistant," insert the words "or page or messenger boy."
Departmental Rule VIII: In section 1 insert a clause, to be lettered (c), as follows:
(c) From a bureau of the Treasury Department in which business relating to the internal revenue is transacted to a classified internal-revenue district, and from such a district to such a bureau in the Treasury Department, upon requisition by the Secretary of the Treasury.
The remaining clauses of the section to be relettered (d) and (e), respectively. In section 2, line 2, strike out the letter "d" in parentheses and insert in lieu thereof the letter "e," and at the end of the section add the following proviso:
Provided, That a person may be transferred from a place in one Department to a place requiring no higher examination in another Department without examination.
Departmental Rule IX: Strike out the whole of section 1 and insert in lieu thereof the following:
1. Until promotion regulations have been applied to a Department under the provisions of section 6 of General Rule III promotions therein may be made as follows:
(a) Any person appointed from the appropriate register to the position of messenger, assistant messenger, watchman, or other subordinate position below the positions of clerk and copyist may at any time after absolute appointment, if not barred by age limitations, be transferred to any other of said subordinate positions, but shall not be promoted to the position of clerk or copyist or to any place the duties of which are clerical: Provided, That printers' assistants in the Bureau of Engraving and Printing, Treasury Department, shall only be eligible for transfer to the grade of operative in that Bureau.
Strike out sections 2, 3, and 5 and renumber section 4 as 2.
Approved, March 2, 1895.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 18, 1895.
Indian Rule IV is amended by adding at the end thereof a new section, to read as follows:
7. Graduates of Indian normal schools and of normal classes in Indian schools may be employed in the Indian-school service as assistant teachers or day-school teachers without further examination: Provided, That certificates of satisfactory proficiency, of good moral character, and of physical soundness, signed by the proper officials, be transmitted at the time of appointment to the Civil Service Commission: And provided further, That until the 1st of July, 1896, graduates of the senior classes of Carlisle, Hampton, Lincoln Institute, Chilocco, Haskell Institute, and other Indian schools of equal grade may be included in the provisions of this rule. Such teachers shall become eligible for promotion to advanced positions on presentation to the Civil Service Commission of satisfactory certificates of efficiency and fidelity in their work and of a progressive spirit in their professional interests, signed by their immediate official superiors and by the superintendent of Indian schools, and forwarded with his approval by the Secretary of the Interior, the Commission reserving to itself the right to decide as to the satisfactoriness of such certificates.
Approved:
GROVER CLEVELAND.
EXECUTIVE MANSION, March 20, 1895.
The Executive order dated February 26, 1891,19 establishing limits of punishment for enlisted men of the Army, under an act of Congress approved September 27, 1890, and which was published in General Orders, No. 21, 1891, Headquarters of the Army, is amended so as to prescribe as follows:
In all cases of desertion the sentence may include dishonorable discharge and forfeiture of pay and allowances.
Subject to the modifications authorized in section 3 of this article, the limit of the term of confinement (at hard labor) for desertion shall be as follows:
SECTION 1. In case of surrender—
(a) When the deserter surrenders himself after an absence of not more than thirty days, one year.
(b) When the surrender is made after an absence of more than thirty days, eighteen months.
SEC. 2. In case of apprehension—
(a) When at the time of desertion the deserter shall not have been more than six months in the service, eighteen months.
(b) When he shall have been more than six months in the service, two and one-half years.
SEC. 3. The foregoing limitations are subject to modification under the following conditions:
(a) The punishment of a deserter may be increased by one year of confinement at hard labor in consideration of each previous conviction of desertion.
(b) The punishment for desertion when joined in by two or more soldiers in the execution of a conspiracy or for desertion in the presence of an outbreak of Indians or of any unlawful assemblage which the troops may be opposing shall not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for five years.
Except as herein otherwise indicated punishments shall not exceed the limits prescribed in the following table:
| Offenses. | Limits of punishment. |
|---|---|
| Under seventeenth article of war. | |
| Selling horse or arms, or both. | Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for 3 years. |
| Selling accouterments | Four months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Selling clothing | Two months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Losing or spoiling horse or arms through neglect. | Four months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Losing or spoiling accouterments or clothing through neglect. | One month's confinement at hard labor and forfeiture of $10: for noncommissioned officer, reduction in addition thereto. |
| Under twentieth article of war. | |
| Behaving himself with disrespect to his commanding officer. | Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Under twenty-fourth article of war. | |
| Refusal to obey or using violence to officer or noncommissioned officer while quelling quarrels or disorders. | Dishonorable discharge, with forfeiture of all pay and allowances and confinement at hard labor for 2 years. |
| Under thirty-first article of war. | |
| Lying out of quarters. | Forfeiture of $2; corporal, $3; sergeant, $4. |
| Under thirty-second article of war. | |
| Absence without leave—20 | |
| Less than 1 hour. | Forfeiture of $1; corporal, $2; sergeant, $3; first sergeant or noncommissioned officer of higher grade, $4. |
| From 1 to 6 hours21. | Forfeiture of $2; corporal, $3; sergeant, $4; first sergeant or noncommissioned officer of higher grade, $5. |
| From 6 to 12 hours. | Forfeiture of $3; corporal, $4; sergeant, $6; first sergeant or noncommissioned officer of higher grade, $7. |
| From 12 to 24 hours. | Forfeiture of $5; corporal, $6; sergeant, $7; first sergeant or noncommissioned officer of higher grade, $10. |
| From 24 to 48 hours. | Forfeiture of $6 and 5 days' confinement at hard labor; for corporal, forfeiture of $8; sergeant $10; first sergeant or noncommissioned officer of higher grade, $12, or for all noncommissioned officers, reduction. |
| From 2 to 10 days. | Forfeiture of $10 and 10 days' confinement at hard labor; for noncommissioned officer, reduction in addition thereto. |
| From 10 to 30 days. | Forfeiture of $20 and 1 month's confinement at hard labor; for noncommissioned officer, reduction in addition thereto. |
| From 30 to 90 days. | Three months' confinement at hard labor and forfeiture of $10 per month for same period; for noncommissioned officer, reduction in addition thereto. |
| For 90 or more than 90 days. | Dishonorable discharge and forfeiture of all pay and allowances and 6 months' confinement at hard labor. |
| Under thirty-third article of war. | |
| Failure to repair at the time fixed, etc., to the place of parade for— | |
| Reveille or retreat roll call and 11 p.m. inspection. | Forfeiture of $1; corporal, $2; sergeant, $3; first sergeant, $4 |
| Guard detail | Forfeiture of $5; corporal, $8; sergeant, $10 |
| Fatigue detail. Dress parade. The weekly inspection. Target practice. Drill. Guard mounting (by musician). Stable duty. | Forfeiture of $2; corporal, $3; sergeant, $5. |
| Under thirty-eighth article of war. | |
| Drunkenness on— | |
| Guard. | Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Duty as company cook. | Forfeiture of $20. |
| Extra or special duty. At drill. At target practice. At parade. At inspection. At inspection of company guard detail. At stable duty. | Forfeiture of $12; for noncommissioned officer, reduction and forfeiture of $20. |
| Under fortieth article of war. | |
| Quitting guard. | Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Under fifty-first article of war. | |
| Persuading soldiers to desert. | Dishonorable discharge, forfeiture of all pay and allowances, and 1 year's confinement at hard labor. |
| Under sixtieth article of war. | |
| Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor. | |
| Under sixty-second article of war. | |
| Manslaughter. | Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' confinement at hard labor. |
| Assault with intent to kill. | Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' confinement at hard labor. |
| Burglary. | Dishonorable discharge, forfeiture of all pay and allowances, and 5 years' confinement at hard labor. |
| Forgery. | Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor. |
| Perjury. | Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor. |
| False swearing. | Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' confinement at hard labor. |
| Robbery. | Dishonorable discharge, forfeiture of all pay and allowances, and 6 years' confinement at hard labor. |
| Larceny or embezzlement of property of the value of—22 | |
| More than $100. | Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor. |
| $100 or less and more than $50. | Dishonorable discharge, forfeiture of all pay and allowances, and 3 years' confinement at hard labor. |
| $50 or less and more than $20. | Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' confinement at hard labor. |
| $20 or less. | Dishonorable discharge, forfeiture of all pay and allowances, and 1 year's confinement at hard labor. |
| Fraudulent enlistment procured by false representation or concealment of a fact in regard to a prior enlistment or discharge or in regard to conviction of a civil or military crime. | Dishonorable discharge, forfeiture of all pay and and allowances, and confinement at hard labor for 1 year. |
| Fraudulent enlistment, other cases of. | Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for 6 months. |
| Disobedience of orders, involving willful defiance of the authority of a noncommissioned officer in the execution of his office. | Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Using threatening or insulting language or behaving in an insubordinate manner to a noncommissioned officer while in the execution of his office. | One month's confinement at hard labor and forfeiture of $10; for noncommissioned officer, reduction in addition thereto. |
| Absence from fatigue duty. | Forfeiture of $4; corporal, $5; sergeant, $6. |
| Absence from extra or special duty. | Forfeiture of $4; corporal, $5; sergeant, $6. |
| Absence from duty as company or hospital cook. | Forfeiture of $10. |
| Introducing liquor into post or camp in violation of standing orders. | Forfeiture of $3; for noncommissioned officer reduction and forfeiture of $5. |
| Drunkenness at post or in quarters. | Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5. |
| Drunkenness and disorderly conduct causing the offender's arrest and conviction by civil authorities at a place within 10 miles of his station. | Forfeiture of $10 and 7 days' confinement at hard labor; for noncommissioned officer, reduction and forfeiture of $12. |
| Noisy or disorderly conduct in quarters. | Forfeiture of $4; corporal, $7; sergeant, $10. |
| Abuse by noncommissioned officer of his authority over an inferior. | Reduction, 3 months' confinement at hard labor, and forfeiture of $10 per month for the same period. |
| Noncommissioned officer encouraging gambling. | Reduction and forfeiture of $5. |
| Noncommissioned officer making false report. | Reduction, forfeiture of $8, and 10 days' confinement at hard labor. |
| Sentinel allowing a prisoner under his charge to escape through neglect. | Six months' confinement at hard labor and forfeiture of $10 per month for the same period. |
| Sentinel willfully suffering prisoner under his charge to escape. | Dishonorable discharge, forfeiture of all pay and allowances, and 1 year's confinement at hard labor. |
| Sentinel allowing a prisoner under his charge to obtain liquor. | Two months' confinement at hard labor and forfeiture of $10 per month for the same period. |
| Sentinel or member of guard drinking liquor with prisoners. | Two months' confinement at hard labor and forfeiture of $10 per month for the same period. |
| Disrespect or affront to a sentinel. | Two months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Resisting or disobeying sentinel in lawful execution of his duty. | Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |
| Lewd or indecent exposure of person. | Three months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer reduction in addition thereto. |
SECTION 1. When a soldier shall be convicted of an offense the punishment for which, as authorized by Article II of this order or the custom of the service, does not exceed that which an inferior court-martial may award, the punishment so authorized may be increased by one-half for every previous conviction of one or more offenses within eighteen months preceding the trial and during the current enlistment: Provided, That the increase of punishment for five or more previous convictions shall not exceed that thus authorized when there are four previous convictions, and that when one or more of such five or more previous convictions shall have been by general court-martial or when such convictions shall have occurred within one year preceding the trial the limit of punishment shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three months.
When the conviction is of an offense punishable under Article II of this order or the custom of the service with a greater punishment than an inferior court-martial can award, but not punishable with dishonorable discharge, the sentence may on proof of five or more previous convictions within eighteen months and during the current enlistment impose dishonorable discharge and forfeiture of all pay and allowances in addition to the authorized confinement, and when this confinement is less than three months it may be increased to three months.
When a noncommissioned officer is convicted of an offense not punishable with reduction, he may, if he shall have been convicted of a military offense within a year and during the current enlistment, be sentenced to reduction in addition to the punishment already authorized.
SEC. 2. In every case when an offense on trial before a court-martial is of a character admitting of the introduction of evidence of previous convictions and the accused is convicted the court, after determining its findings, will be opened for the purpose of ascertaining whether there is such evidence, and, if so, of hearing it. These convictions must be proved by the records of previous trials or by duly authenticated orders promulgating the same, except in the cases of conviction by summary court, when a duly authenticated copy of the record of said court shall be deemed sufficient proof. Charges forwarded to the authority ordering a general court-martial or submitted to a summary, garrison, or regimental court must be accompanied by the proper evidence of such previous convictions as may have to be considered in determining upon a sentence.
When a soldier shall on one arraignment be convicted of two or more offenses none of which is punishable under Article II of this order or the custom of the service with dishonorable discharge, but the aggregate term of confinement for which may exceed six months, dishonorable discharge with forfeiture of pay and allowances may be awarded in addition to the authorized confinement.
This order prescribes the maximum limit of punishment for the offenses named, and this limit is intended for those cases in which the severest punishment should be awarded. In other cases the punishment should be graded down according to the extenuating circumstances. Offenses not herein provided for remain punishable as authorized by the Articles of War and the custom of the service.
Summary courts are subject to the restrictions named in the eighty-third article of war. Soldiers against whom charges may be preferred for trial by summary court shall not be confined in the guardhouse, but shall be placed in arrest in quarters before and during trial and while awaiting sentence, except when in particular cases restraint may be necessary.
The following substitutions for punishments named in Article II of this order are authorized at the discretion of the court:
Two days' confinement at hard labor for $1 forfeiture; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for $1 forfeiture: Provided, That a noncommissioned officer not sentenced to reduction shall not be subject to confinement: And provided, That solitary confinement shall not exceed fourteen days at one time nor be repeated until fourteen days have elapsed, and shall not exceed eighty-four days in one year. Whenever the limit herein prescribed for an offense or offenses may be brought within the punishing power of inferior courts-martial, as defined by the eighty-third article of war, by substitution of punishment under the provisions of this article, the said courts have jurisdiction of such offense or offenses.
Noncommissioned officers above the rank of corporal shall not, if they object thereto, be brought to trial before regimental, garrison, or summary courts-martial without the authority of the officer competent to order their trial by general court-martial, nor shall sergeants of the post noncommissioned staff or hospital stewards be reduced, but they may be dishonorably discharged whenever reduction is included in the limit of punishment.
GROVER CLEVELAND.
EXECUTIVE MANSION, April 15, 1895.
Whereas on November 2, 1894, Departmental Rule II, section 4, Customs Rule II, section 6, Postal Rule II, section 6, Railway Mail Rule II, section 6, were amended to declare that no person appointed to a place under any exception to examination should be transferred from such place to another place not also excepted from examination; and
Whereas it was not my intention that these several amendments should be retroactive in their effect:
I therefore direct that the word "hereafter" be inserted after the word "person" in the first line of each of said sections as of the date of said amendments, viz, November 2, 1894.
Approved: GROVER CLEVELAND.
MAY 7, 1895.
In the exercise of the power vested in him by the Constitution, by the seventeen hundred and fifty-third section of the Revised Statutes, and the act entitled "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 concerning the classified internal-revenue service, to be known as the Internal-Revenue Rules:
INTERNAL-REVENUE RULE I.
The classified internal-revenue service shall include all the clerks, storekeepers, storekeepers and gaugers, and gaugers classified under the provisions of section 6 of the act to regulate and improve the civil service of the United States, approved January 16, 1883.
INTERNAL-REVENUE RULE II.
1. To test fitness for admission to the classified internal-revenue service, examinations of a practical character shall be provided on such subjects as the Commission may direct.
2. The following age limitations shall apply to applicants for the classified internal-revenue service: For clerk, not under 18 years of age; for storekeepers, storekeepers and gaugers, and for gaugers, not under 21 years of age.
3. Blank forms of application shall be furnished by the secretaries of the several internal-revenue boards of examiners to any person desiring to be examined who applies therefor in person or by letter in his own handwriting.
4. The date of reception of each application and also of its approval by the board shall be noted on the application paper.
5. Exceptions from examination in the classified internal-revenue service are hereby made as follows:
6. No person appointed to a place excepted from examination by any internal-revenue rule shall be transferred from such place to another place not also excepted from examination.
INTERNAL-REVENUE RULE III.
1. The Commission shall appoint in each classified internal-revenue district a board of examiners, which shall—
(a) Conduct all examinations for admission to or promotion in the classified service of the internal-revenue district in which the board is located.
(b) Conduct such other examinations as the Commission may direct.
(c) Mark the papers of such examinations as the Commission may direct.
2. The papers of every examination shall be marked under the direction of the Commission, and each competitor shall be graded on a scale of 100, according to general average determined by the marks of the examiners.
3. Immediately after the general average shall have been ascertained each competitor shall be notified that he has passed or has failed to pass.
4. No competitor who has failed to pass an examination and no eligible during the period of his eligibility shall be allowed reexamination unless he shall furnish satisfactory evidence to the Commission that at the time of his examination he was, because of illness or other good cause, incapable of doing himself justice; and his rating on such reexamination, if an eligible, shall cancel and be a substitute for his rating on his previous examination.
5. All competitors whose claim to preference under section 1754, Revised Statutes, has been allowed by the Commission who attain a general average of 65 per cent or over, and all other competitors who attain a general average of 70 per cent or over, shall be eligible for appointment to the place for which they were examined, and the names of all the eligibles shall be entered in the order of grade on the proper register of eligibles.
6. When two or more eligibles are of the same grade, preference in certification shall be determined by the order in which their application papers were filed.
7. The period of eligibility shall be one year from the date on which the name of the eligible is entered on the register.
INTERNAL-REVENUE RULE IV.
1. All vacancies, unless filled by promotion, reduction, transfer, or reappointment, shall be filled in the following manner:
(a) When a vacancy occurs in any district, the collector thereof shall report the fact to the Commissioner of Internal Revenue, stating the class in which the vacancy occurs and whether in his judgment the place should be filled. If the Commissioner decides that the good of the public service requires that it be filled, he shall request the secretary of the board of examiners of that district to certify to him the names of persons eligible to the vacant place.
(b) If fitness for the vacant place is tested by competitive examination, the names of the three eligibles highest in grade on the proper register who have not been three times certified shall be certified; but if the request indicates the sex of the eligibles desired the three highest in grade of that sex shall be certified: Provided, That the eligibles upon any register who have been allowed preference under section 1754 of the Revised Statutes shall be certified, according to their grade, before all other eligibles thereon: Provided further, That no certification for an appointment shall be made under this clause while there are persons in the district in which any vacancy may exist, who have been removed from the service in that district on account of a reduction of the force or otherwise, who are eligible for reinstatement under Internal-Revenue Rule VII, and who are willing to reenter the service by reinstatement. Every collector of internal revenue shall keep a list of all such persons in his office, and said persons shall have preference for reinstatement to the service in the order of their separation therefrom.
(c) No eligible shall be certified more than three times.
2. Of the three names certified to him the Commissioner of Internal Revenue shall select one, and may select more than one if more than one vacancy exists at the time the certification is made. If the vacancy is in the class of clerk, the Commissioner shall certify the name of the person selected by him to the collector of the district in which the vacancy occurs and the collector shall make the appointment. If the vacancy is in the storekeepers', gaugers', or storekeepers and gaugers' class, the Commissioner of Internal Revenue shall certify the name to the Secretary of the Treasury with his recommendation that the person whose name is thus certified be appointed: Provided, That if any objection is made under section 3 of General Rule IV to any eligible certified, and is sustained by the Commission, another eligible shall be certified in the place of the one objected to.
3. Each person thus selected for appointment shall be notified, and upon indicating his acceptance shall be appointed for a probationary period of six months, at the end of which period, if his conduct and capacity be satisfactory to the appointing officer, he shall receive absolute appointment; but if his conduct and capacity be not satisfactory to said officer he shall be so notified, and this notification shall be his discharge from the service: Provided, That any probationer may be discharged during probation for misconduct or evident unfitness or incapacity.
4. The Commissioner of Internal Revenue shall require the collector under whom a probationer is serving to carefully observe and report in writing upon the services rendered by and the character and qualifications of such probationer as to punctuality, industry, habits, ability, and adaptability. These reports shall be preserved on file in the office of the collector, and copies thereof shall be filed with the Commissioner of Internal Revenue for such disposition as the Secretary of the Treasury may direct. The Civil Service Commission may prescribe the form and manner in which these reports shall be made.
5. In case of the occurrence of a vacancy in the classified service of any internal-revenue collection district which the public interest requires shall be immediately filled, and there is no eligible entitled to reinstatement under section 1, clause (b), of this rule or remaining on the proper register, such vacancy, if in the class of storekeeper, storekeeper and gauger, or clerk, may be filled without examination and certification by a temporary designation by the collector of the district of some suitable person to perform the duties of the position until a regular appointment can be made under the provisions of sections 1, 2, and 3 of this rule: Provided, That service under such temporary designation shall in no case continue longer than six months, and shall expire by limitation at the end of that time: And provided further, That no person shall serve more than six months in any one year under such temporary designation, the year limitation in regard to such designation to begin to run on the date thereof.
Every such temporary designation and also the discontinuance of the same shall at once be reported to the Commission.
INTERNAL-REVENUE RULE V.
Until promotion regulations shall have been applied to a classified internal-revenue collection district promotions therein may be made upon any test of fitness determined upon by the Commissioner of Internal Revenue, with the approval of the Commission: Provided, That no employee shall be promoted to any grade he could not enter by appointment under the minimum age limitation applied thereto by section 2 of Internal-Revenue Rule II.
INTERNAL-REVENUE RULE VI.
Transfers may be made as follows:
From one classified internal-revenue collection district to another, from any classified internal-revenue collection district to a bureau in the Treasury Department in which business relating to the internal revenue is transacted, and from such a bureau in the Treasury Department to such a district, upon the requisition of the Secretary of the Treasury and the certification of the Commission, the appointment upon such transfer to be made by the Secretary of the Treasury, upon the recommendation of the Commissioner of Internal Revenue, if the place to be filled by such transfer is that of storekeeper, storekeeper and gauger, or gauger: Provided, That no person shall be transferred as herein authorized who is not within the age limitations prescribed by the civil-service rules for the place to which he is to be transferred and who has not been absolutely appointed, or, if appointed without civil-service examination, who has not served six months continuously in the district or bureau from which he is to be transferred.
INTERNAL-REVENUE RULE VII.
Upon the requisition of the Commissioner of Internal Revenue the secretary of the board of examiners for his district shall certify for reinstatement in a grade requiring no higher examination than the one in which he was formerly employed any person who within one year next preceding the date of the requisition has through no delinquency or misconduct been separated from the classified service of said district: Provided, That certification may be made, subject to the other conditions of this rule, for the reinstatement of any person who served in the military or naval service of the United States in the late War of the Rebellion and was honorably discharged therefrom, or the widow of any such person, without regard to the length of time he or she has been separated from the service.
INTERNAL-REVENUE RULE VIII.
Each collector in the classified internal-revenue service shall report to the board of examiners—
(a) Every probational and every absolute appointment and every appointment to an excepted or to an unclassified place in the internal-revenue service under him.
(b) Every refusal to make an absolute appointment and the reason therefor, and every refusal to accept an appointment,
(c) Every separation from the internal-revenue service under him and the cause of such separation, whether death, resignation, or dismissal.
(d) Every restoration to the internal-revenue service under him.
GROVER CLEVELAND.