Whereas the Congress of the United States passed an act, which was approved on the 16th day of July, 1894, entitled "An act to enable the people of Utah to form a constitution and State government and to be admitted into the Union on an equal footing with the original States," which act provided for the election of delegates to a constitutional convention to meet at the seat of government of the Territory of Utah on the first Monday in March, 1895, for the purpose of declaring the adoption of the Constitution of the United States by the people of the proposed State and forming a constitution and State government for such State; and
Whereas delegates were accordingly elected, who met, organized, and declared on behalf of the people of said proposed State their adoption of the Constitution of the United States, all as provided in said act; and
Whereas said convention, so organized, did, by ordinance irrevocable without the consent of the United States and the people of said State, as required by said act, provide that perfect toleration of religious sentiment shall be secured and that no inhabitant of said State shall ever be molested in person or property on account of his or her mode of religious worship, but that polygamous or plural marriages are forever prohibited, and did also by said ordinance make the other various stipulations recited in section 3 of said act; and
Whereas said convention thereupon formed a constitution and State government for said proposed State, which constitution, including said ordinance, was duly submitted to the people thereof at an election held on the Tuesday next after the first Monday of November, 1895, as directed by said act; and
Whereas the return of said election has been made and canvassed and the result thereof certified to me, together with a statement of the votes cast and a copy of said constitution and ordinance, all as provided in said act, showing that a majority of the votes lawfully cast at such election was for the ratification and adoption of said constitution and ordinance; and
Whereas the constitution and government of said proposed State are republican in form, said constitution is not repugnant to the Constitution of the United States and the Declaration of Independence, and all the provisions of said act have been complied with in the formation of said constitution and government:
Now, therefore, I, Grover Cleveland, President of the United States of America, in accordance with the act of Congress aforesaid and by authority thereof, announce the result of said election to be as so certified and do hereby declare and proclaim that the terms and conditions prescribed by the Congress of the United States to entitle the State of Utah to admission into the Union have been duly complied with and that the creation of said State and its admission into the Union on an equal footing with the original States is now accomplished.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 4th day of January, A.D. 1896, and of the Independence of the United States of America the one hundred and twentieth.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
Secretary of State.
Whereas it is provided by section 13 of the act of Congress of March 3, 1891, entitled "An act to amend Title LX, chapter 3, of the Revised Statutes of the United States, relating to copyrights," that said act "shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens, or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may at its pleasure become a party to such agreement;" and
Whereas it is also provided by said section that "the existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require;" and
Whereas satisfactory official assurances have been given that in the United States of Mexico the law permits to citizens of the United States of America the benefit of copyright on substantially the same basis as to the citizens of that Republic:
Now, therefore, I, Grover Cleveland, President of the United States of America, do declare and proclaim that the first of the conditions specified in section 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the citizens of the United States of Mexico.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 27th day of February, 1896, and of the Independence of the United States the one hundred and twentieth.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
Secretary of State.
Whereas in a suit between the United States and the State of Texas involving the title to and jurisdiction over all that territory lying between the North and South forks of the Red River and the one hundredth degree of longitude, known and styled as "Greer County, Tex.," the Supreme Court of the United States has decided that the title to and jurisdiction over said territory is vested in the United States; and
Whereas the Choctaw Nation claims that the title to these lands passed to said nation by virtue of treaties with the United States and that the title of said nation to said lands has not been extinguished, but that said Choctaw Nation has a right and interest therein; and
Whereas it is claimed that divers persons settled upon said lands prior to the 30th day of December, 1887, acting in good faith upon the belief that the same belonged to and were subject to the jurisdiction of the State of Texas and that Congress will be asked to extend to all such settlers suitable relief:
Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the authority in me vested, not admitting in any wise the validity of such claim on behalf of the Choctaw Nation, but for the purpose of preserving the status of said lands intact until such time as said claim of the Choctaw Nation thereto may be duly determined, and that the settlers herein before referred to shall not be disturbed until Congress shall have fully considered their claims for relief, do hereby withdraw said lands from disposition under the public-land laws of the United States and declare the same to be in a state of reservation until such time as this order of withdrawal may be revoked; and I do further warn and admonish all persons against entering upon said lands with a view to occupying the same or settling thereon under the public-land laws during the existence of this order.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 16th day of March, A.D. 1896, and of the Independence of the United States the one hundred and twentieth.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
Secretary of State.
The following provisions of the laws of the United States are published hereby for the information of all concerned:
Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that—
No person shall kill any otter, mink, marten, sable, or fur seal, or other fur-bearing animal within the limits of Alaska Territory or in the waters thereof; and every person guilty thereof shall for each offense be fined not less than $200 nor more than $1,000, or imprisoned not more than six months, or both; and all vessels, their tackle, apparel, furniture, and cargo, found engaged in violation of this section shall be forfeited; but the Secretary of the Treasury shall have power to authorize the killing of any such mink, marten, sable, or other fur-bearing animal, except fur seals, under such regulations as he may prescribe; and it shall be the duty of the Secretary to prevent the killing of any fur seal and to provide for the execution of the provisions of this section until it is otherwise provided by law, nor shall he grant any special privileges under this section.
Section 3 of the act entitled "An act to provide for the protection of the salmon fisheries of Alaska," approved March 2, 1889, provides—
Sec. 3. That section 1956 of the Revised Statutes of the United States is hereby declared to include and apply to all the dominion of the United States in the waters of Bering Sea; and it shall be the duty of the President at a timely season in each year to issue his proclamation, and cause the same to be published for one month in at least one newspaper (if any such there be) published at each United States port of entry on the Pacific coast, warning all persons against entering said waters for the purpose of violating the provisions of said section; and he shall also cause one or more vessels of the United States to diligently cruise said waters and arrest all persons and seize all vessels found to be or to have been engaged in any violation of the laws of the United States therein.
The act entitled "An act to extend to the North Pacific Ocean the provisions of the statutes for the protection of the fur seals and other fur-bearing animals," approved February 21, 1893, provides—
That whenever the Government of the United States shall conclude an effective international arrangement for the protection of fur seals in the North Pacific Ocean by agreement with any power or as a result of the decision of the Tribunal of Arbitration under the convention concluded between the United States and Great Britain February 29, 1892, and so long as such arrangement shall continue, the provisions of section 1956 of the Revised Statutes and all other provisions of the statutes of the United States, so far as the same may be applicable, relative to the protection of fur seals and other fur-bearing animals within the limits of Alaska or in the waters thereof shall be extended to and over all that portion of the Pacific Ocean included in such international arrangement. Whenever an effective international arrangement is concluded as aforesaid it shall be the duty of the President to declare that fact by proclamation and to designate the portion of the Pacific Ocean to which it is applicable and that this act has become operative, and likewise when such arrangement ceases to declare that fact and that this act has become inoperative; and his proclamation in respect thereto shall be conclusive. During the extension as aforesaid of said laws for the protection of fur seals or other fur-bearing animals all violations thereof in said designated portion of the Pacific Ocean shall be held to be the same as if committed within the limits of Alaska or in the waters thereof, but they may be prosecuted either in the district court of Alaska or in any district court of the United States in California, Oregon, or Washington.
An arrangement having been made for the protection of fur seals as a result of the decision of the Tribunal of Arbitration under the convention concluded as aforesaid February 29, 1892, which prohibits the killing of seals at any time within a radius of 60 miles around the Pribilof Islands or during May, June, and July of each year in that portion of the Pacific Ocean, inclusive of Bering Sea, situated to the north of the thirty-fifth degree of north latitude and eastward of the one hundred and eightieth degree of longitude from Greenwich until it strikes the water boundary described in Article I of the treaty of 1867 between the United States and Russia, and following that line up to Bering Strait:
Now, therefore, be it known that I, Grover Cleveland, President of the United States of America, hereby declare that the said act of Congress of February 21, 1893, has become operative; that in accordance therewith section 1956 of the Revised Statutes is applicable to the waters above mentioned, included in the award of the tribunal at Paris given under the said convention of February 29, 1892, and that I have caused the foregoing laws specially to be proclaimed to the end that their provisions may be known and observed.
I hereby proclaim that every person guilty of a violation of the provisions of said laws and of any other provisions of the statutes of the United States, so far as the same may be applicable, relative to the protection of fur-bearing animals within the limits of Alaska or in the waters thereof will be arrested and punished as therein provided, and all vessels so engaged, their tackle, apparel, furniture, and cargo, will be seized and forfeited.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 14th day of April, A.D. 1896, and of the Independence of the United States the one hundred and twentieth.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
Secretary of State.
Whereas it is provided by section 13 of the act of Congress of March 3, 1891, entitled "An act to amend Title LX, chapter 3, of the Revised Statutes of the United States, relating to copyrights," that said act "shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens, or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may at its pleasure become a party to such agreement;" and
Whereas it is also provided by said section that "the existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require;" and
Whereas satisfactory official assurances have been given that in the Republic of Chile the law permits to citizens of the United States of America the benefit of copyright on substantially the same basis as to the citizens of that Republic:
Now, therefore, I, Grover Cleveland, President of the United States of America, do declare and proclaim that the first of the conditions specified in section 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the citizens of the Republic of Chile.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 25th day of May, 1896, and of the Independence of the United States the one hundred and twentieth.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
Secretary of State.
Whereas by a proclamation dated the 12th day of June, A.D. 1895,34 attention was called to the serious civil disturbances, accompanied by armed resistance to the established Government of Spain, then prevailing in the island of Cuba, and citizens of the United States and all other persons were admonished to abstain from taking part in such disturbances in contravention of the neutrality laws of the United States; and
Whereas said civil disturbances and armed resistance to the authority of Spain, a power with which the United States are on terms of peace and amity, continue to prevail in said island of Cuba; and
Whereas since the date of said proclamation said neutrality laws of the United States have been the subject of authoritative exposition by the judicial tribunal of last resort, and it has thus been declared that any combination of persons organized in the United States for the purpose of proceeding to and making war upon a foreign country with which the United States are at peace, and provided with arms to be used for such purpose, constitutes a "military expedition or enterprise" within the meaning of said neutrality laws, and that the providing or preparing of the means for such "military expedition or enterprise," which is expressly prohibited by said laws, includes furnishing or aiding in transportation for such "military expedition or enterprise;" and
Whereas, by express enactment, if two or more persons conspire to commit an offense against the United States any act of one conspirator to effect the object of such conspiracy renders all the conspirators liable to fine and imprisonment; and
Whereas there is reason to believe that citizens of the United States and others within their jurisdiction fail to apprehend the meaning and operation of the neutrality laws of the United States as authoritatively interpreted as aforesaid, and may be misled into participation in transactions which are violations of said laws and will render them liable to the severe penalties provided for such violations:
Now, therefore, that the laws above referred to, as judicially construed, may be duly executed, that the international obligations of the United States may be fully satisfied, and that their citizens and all others within their jurisdiction, being seasonably apprised of their legal duty in the premises, may abstain from disobedience to the laws of the United States and thereby escape the forfeitures and penalties legally consequent thereon, I, Grover Cleveland, President of the United States, do hereby solemnly warn all citizens of the United States and all others within their jurisdiction against violations of the said laws, interpreted as hereinbefore explained, and give notice that all such violations will be vigorously prosecuted; and I do hereby invoke the cooperation of all good citizens in the enforcement of said laws and in the detection and apprehension of any offenders against the same, and do hereby enjoin upon all the executive officers of the United States the utmost diligence in preventing, prosecuting, and punishing any infractions thereof.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed,
[SEAL.]
Done at the city of Washington, this 27th day of July, A.D. 1896, and of the Independence of the United States the one hundred and twenty-first.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
Secretary of State.
The United States should never be unmindful of the gratitude they owe the God of Nations for His watchful care, which has shielded them from dire disaster and pointed out to them the way of peace and happiness. Nor should they ever refuse to acknowledge with contrite hearts their proneness to turn away from God's teachings and to follow with sinful pride after their own devices.
To the end that these thoughts may be quickened it is fitting that on a day especially appointed we should join together in approaching the Throne of Grace with praise and supplication.
Therefore, I, Grover Cleveland, President of the United States, do hereby designate and set apart Thursday, the 26th day of the present month of November, to be kept and observed as a day of thanksgiving and prayer throughout our land.
On that day let all our people forego their usual work and occupation, and, assembled in their accustomed places of worship, let them with one accord render thanks to the Ruler of the Universe for our preservation as a nation and our deliverance from every threatened danger, for the peace that has dwelt within our boundaries, for our defense against disease and pestilence during the year that has passed, for the plenteous rewards that have followed the labors of our husbandmen, and for all the other blessings that have been vouchsafed to us.
And let us, through the mediation of Him who has taught us how to pray, implore the forgiveness of our sins and a continuation of heavenly favor.
Let us not forget on this day of thanksgiving the poor and needy, and by deeds of charity let our offerings of praise be made more acceptable in the sight of the Lord.
Witness my hand and the seal of the United States, which I have caused to be hereto affixed.
[SEAL.]
Done at the city of Washington, this 4th day of November, A.D. 1896, and of the Independence of the United States of America the one hundred and twenty-first.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
Secretary of State.
Whereas on June 21, 1890, the President of the United States by proclamation reserved certain lands in Juneau and Douglas City, Fort Wrangell and Sitka, in the Territory of Alaska, for public buildings, barracks, parade grounds, parks, wharves, coaling stations, etc., which are fully set forth and particularly described in said proclamation; and
Whereas a treaty of cession was exchanged and proclaimed on June 20, 1867, whereby the Russian Empire ceded to the United States the Territory of Alaska; and
Whereas said treaty, by Article II, provided, inter alia, that—
It is, however, understood and agreed that the churches which have been built in the ceded territory by the Russian Government shall remain the property of such members of the Greek Oriental Church resident in the territory as may choose to worship therein.
And whereas there were included among the lands hereinbefore referred to as reserved on June 21, 1890, certain lands in and about the town of Sitka, in said Territory of Alaska, which are claimed by the Holy Orthodox Catholic Apostolic Oriental Church, commonly styled the Greco-Russian Church, and described in the said treaty as the Greek Oriental Church:
Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the authority in me vested, do hereby declare, proclaim, and make known that the Executive order of June 21, 1890, making said reservations of lands in the Territory of Alaska, therein particularly described, is hereby modified, and said reservations are diminished so that the following property, described in Inventory B attached to and referred to in the protocol of transfer signed by the representatives of Russia and the United States on October 26, 1867, and being in and about the town of Sitka aforesaid, be excluded therefrom, to wit:
The Cathedral Church of St. Michael, built of timber, situated in the center of the city.
The Church of Resurrection, of timber, commonly called the Kalochian Church, situated near the battery number at the palisade separating the city from the Indian village.
102. A double-storied timber building for bishop house, with outbuildings, appurtenances, and grounds.
35. A timber house for church warden.
98. A timber house for the deacon.
104, 105, 114. Three timber houses, with their appurtenances and outbuildings, for lodging of priests.
F, G, H, I. Four lots of ground belonging to the parsonages.
a The place commemorative of the old church.
b A tomb.
Three cemeteries, two outside palisades and one by the Church of the Resurrection.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 14th day of November, in the year 1896, and of the Independence of the United States the one hundred and twenty-first.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
Secretary of State.
Whereas by a proclamation of the President of the United States dated January 26, 1888,35 upon proof then appearing satisfactory that no tonnage or light-house dues or any equivalent tax or taxes whatever were imposed upon American vessels entering the ports of the Empire of Germany, either by the Imperial Government or by the governments of the German maritime States, and that vessels belonging to the United States of America and their cargoes were not required in German ports to pay any fee or due of any kind or nature or any import due higher or other than was payable by German vessels or their cargoes in the United States, the President did thereby declare and proclaim, from and after the date of his said proclamation of January 26, 1888, the suspension of the collection of the whole of the duty of 6 cents per ton, not to exceed 30 cents per ton per annum, imposed upon vessels entered in the ports of the United States from any of the ports of the Empire of Germany by section 11 of the act of Congress approved June 19, 1886, entitled "An act to abolish certain fees for official services to American vessels and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes;" and
Whereas the President did further declare and proclaim in his proclamation of January 26, 1888, that the said suspension should continue so long as the reciprocal exemption of vessels belonging to citizens of the United States and their cargoes should be continued in the said ports of the Empire of Germany, and no longer; and
Whereas it now appears upon satisfactory proof that tonnage or lighthouse dues or a tax or taxes equivalent thereto are in fact imposed upon American vessels and their cargoes entered in German ports higher and other than those imposed upon German vessels or their cargoes entered in ports of the United States, so that said proclamation of January 26, 1888, in its operation and effect contravenes the meaning and intent of said section 11 of the act of Congress approved June 19, 1886:
Now, therefore, I, Grover Cleveland, President of the United States of America, by virtue of the aforesaid section II of the act aforesaid, as well as in pursuance of the terms of said proclamation itself, do hereby revoke my said proclamation of January 26, 1888, suspending the collection of the whole of the duty of 6 cents per ton, not to exceed 30 cents per ton per annum, which is imposed by the aforesaid section of said act upon vessels entered in the ports of the United States from any of the ports of the German Empire, this revocation of said proclamation to take effect on and after the 2d day of January, 1897.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 3d day of December, A.D. 1896, and of the Independence of the United States the one hundred and twenty-first.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
Secretary of State.
EXECUTIVE MANSION, December 2, 1895.
Special Departmental Rule No. 1, clause 8, is hereby amended by striking from the list of places excepted from examination in the Department of Labor statistical experts and temporary experts.
Approved:
GROVER CLEVELAND.
EXECUTIVE MANSION, December 2, 1895.
So much of Executive orders heretofore issued under General Rule III, section 2, clause (c), as provides for the appointment of special agents in the Department of Labor by noncompetitive examination is hereby revoked.
Approved:
GROVER CLEVELAND.
EXECUTIVE MANSION, January 18, 1896.
Section 5 of Internal-Revenue Rule IV is hereby amended by adding at the end of the first paragraph thereof the following:
And provided further, That whenever an emergency shall arise requiring that a vacant position in any internal-revenue district shall be filled before a certificate can be issued by the Commission and an appointment made thereto in the manner provided in these rules, such position may be filled without regard to the provisions of these rules by temporary appointment for a period not to exceed fifteen days, and only for such period as may be required for the execution of the necessary details of an appointment thereto in accordance with said provisions; but no person shall receive such emergency appointment who within the sixty days next previous thereto has been separated from a position in said district to which he was temporarily appointed under the provisions of this section.
The section as amended shall read as follows:
5. In the 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 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: And provided further, That whenever an emergency shall arise requiring that a vacant position in any internal-revenue district shall be filled before a certificate can be issued by the Commission and an appointment made thereto in the manner provided in these rules, such position may be filled without regard to the provisions of these rules by temporary appointment for a period not to exceed fifteen days, and only for such period as may be required for the execution of the necessary details of an appointment thereto in accordance with said provisions; but no person shall receive such emergency appointment who within the sixty days next previous thereto has been separated from a position in said district to which he was temporarily appointed under the provisions of this section.
Every such temporary designation, and also the discontinuance of the same, shall be at once reported to the Commission.
Approved:
GROVER CLEVELAND.
EXECUTIVE MANSION, January 1896.
Section 5 of Customs Rule II is hereby amended by adding thereto the following:
(i) Any person appointed to a position which requires only a portion of his time and attention for the performance of its duties, pays him a compensation not exceeding $300 per annum, and permits of his pursuing other regular business or occupation, such person being conveniently located for the performance of said duties.
The section as amended shall read as follows:
5. Exceptions from examination in the classified customs service are hereby made as follows:
(a) Deputy collectors who do not also act as inspectors, examiners, or clerks.
(b) Cashier of the collector.
(c) Assistant cashier of the collector.
(d) Auditor of the collector.
(e) Chief acting disbursing officer.
(f) Deputy naval officers.
(g) Deputy surveyors.
(h) One private secretary or one confidential clerk of each nominating officer.
(i) Any person appointed to a position which requires only a portion of his time and attention for the performance of its duties, pays him a compensation not exceeding $300 per annum, and permits of his pursuing other regular business or occupation, such person being conveniently located for the performance of said duties.
Approved:
GROVER CLEVELAND.
In the exercise of the power vested in the President by the third paragraph of section 6 of the act entitled "An act to regulate and improve the civil service of the United States," approved January 16, 1883, I hereby direct the Secretary of the Interior to amend the classification of the Interior Department so as to include among the positions classified thereunder and subject to competitive examination clerk, assistant clerk, issue clerk, property clerk, storekeeper, and all other clerical positions at Indian agencies and Indian schools; likewise to amend the classification of the Indian service so as to include among the positions classified thereunder supervisor of Indian schools, day-school inspector, disciplinarian, industrial teacher, teacher of industries, kindergarten teacher, farmer, nurse, assistant matron, and seamstress.
But Indians shall be eligible to appointment to any of said positions on such test of fitness as may be required by the Secretary of the Interior and without examination or certification by the Civil Service Commission; but they shall not be transferred from said positions to the departmental service.
Approved, March 20, 1896.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 28, 1896.
So much of the Executive orders heretofore issued under General Rule III, section 2, clause (c) as provides for the appointment of members of the board of pension appeals in the Department of the Interior by non-competitive examination is hereby revoked, and these places will hereafter be treated as subject to competitive examination.
Approved:
GROVER CLEVELAND.
EXECUTIVE MANSION, March 28, 1896.
Special Departmental Rule No. 1, clause 3, is hereby amended by striking from the list of places excepted from examination in the Department of the Interior assistant attorneys and law clerks, and these places will hereafter be treated as subject to competitive examination.
Approved:
GROVER CLEVELAND.
In the exercise of power vested in him by the Constitution and of authority given to him by the seventeen hundred and fifty-third section of the Revised Statutes and by 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 and revokes all others:
RULE I.
1. The United States Civil Service Commission shall have authority to prescribe regulations in pursuance of and for the execution of the provisions of these rules and of the civil-service act.
2. The several terms hereinafter mentioned, wherever used in these rules or the regulations of the Commission, shall be construed as follows:
(a) The term "civil-service act" refers to "An act to regulate and improve the civil service of the United States," approved January 16, 1883.
(b) The term "classified service" refers to all that part of the executive civil service of the United States included within the provisions of the civil-service act.
(c) The term "grade" in connection with employees or positions refers to a group of employees or positions in the classified service arranged upon the basis of duties performed, without regard to salaries received.
(d) The term "class" in connection with employees or positions refers to a group of employees or positions in any grade arranged upon the basis of salaries received, in pursuance of the provisions of section 163 of the Revised Statutes and of section 6 of the civil-service act.
(e) The term "excepted position" refers to any position within the provisions of the civil-service act, but excepted from the requirement of competitive examination or registration for appointment thereto.
RULE II.
1. Any person in the executive civil service of the United States who shall willfully violate any of the provisions of the civil-service act or of these rules shall be dismissed from office.
2. No person in the executive civil service shall use his official authority or official influence for the purpose of interfering with an election or controlling the result thereof.
3. No person in the executive civil service shall dismiss, or cause to be dismissed, or make any attempt to procure the dismissal of, or in any manner change the official rank or compensation of, any other person therein because of his political or religious opinions or affiliations.
4. No question in any examination or form of application shall be so framed as to elicit information concerning, nor shall any inquiry be made concerning, nor any other attempt be made to ascertain, the political or religious opinions or affiliations of any applicant, competitor, or eligible; and all disclosures thereof shall be discountenanced, and no discrimination shall be exercised, threatened, or promised against or in favor of any applicant, competitor, or eligible because of his political or religious opinions or affiliations.
5. No recommendation of an applicant, competitor, or eligible involving any disclosure of his political or religious opinions or affiliations shall be received, filed, or considered by the Commission, by any board of examiners, or by any nominating or appointing officer.
6. In making removals or reductions or in imposing punishment for delinquency or misconduct penalties like in character shall be imposed for like offenses, and action thereupon shall be taken irrespective of the political or religious opinions or affiliations of the offenders.
7. A person holding a position on the date said position is classified under the civil-service act shall be entitled to all the rights and benefits possessed by persons of the same class or grade appointed upon examination under the provisions of said act.
RULE III.
1. All that part of the executive civil service of the United States which has been or may hereafter be classified under the civil-service act shall be arranged in branches as follows: The departmental service, the custom-house service, the post-office service, the Government printing service, and the internal-revenue service.
2. The departmental service shall include officers and employees as follows, except those in the service of the Government Printing Office and in the service of the several custom-houses, post-offices, and internal-revenue districts:
(a) All officers and employees, of whatever designation, except persons merely employed as laborers or workmen and persons who have been nominated for confirmation by the Senate, however or for whatever purpose employed, whether compensated by a fixed salary or otherwise, who are serving in or on detail from—
The several Executive Departments, the commissions, and offices in the District of Columbia.
The railway mail service.
The Indian service.
The several pension agencies.
The steamboat-inspection service.
The marine-hospital service.
The light-house service.
The life-saving service.
The several mints and assay offices.
The revenue-cutter service.
The force employed under custodians of public buildings.
The several subtreasuries.
The engineer department at large.
(b) All executive officers and employees outside of the District of Columbia not covered in (a), of whatever designation, whether compensated by a fixed salary or otherwise—
Who are serving in a clerical capacity or whose duties are in whole or in part of a clerical nature.
Who are serving in the capacity of watchman or messenger.
Who are serving in the capacity of physician, hospital steward, nurse, or whose duties are of a medical nature.
Who are serving in the capacity of draftsman, civil engineer, steam engineer, electrical engineer, computer, or fireman.
Who are in the service of the Supervising Architect's Office in the capacity of superintendent of construction, superintendent of repair, or foreman.
Who are in the service of the Treasury Department in any capacity except those in the life-saving service.
3. The custom-house service shall include the officers and employees serving in any customs district whose employees number as many as five who have been or may hereafter be classified under the civil-service act; and whenever in any customs district whose officers and employees number less than five the number of officers and employees shall be increased to as many as five the Secretary of the Treasury shall at once notify the Commission of such increase and the officers and employees in said district shall be included within the classified service from the date of said increase.
4. The post-office service shall include the officers and employees in any free-delivery post-office who have been or may hereafter be classified under the civil-service act; and whenever the free-delivery system shall be established in any post-office the Postmaster-General shall at once notify the Commission of such establishment and the officers or employees of said office shall be included within the classified service from the date of such establishment; and whenever by order of the Postmaster-General any post-office shall be consolidated with and made a part of a free-delivery post-office the Postmaster-General shall at once notify the Commission of such consolidation and from the date of said order the employees of the office thus made a part of the free-delivery office whose names appear on the roster of the Post-Office Department shall be employees of said free-delivery office, and the person holding on the date of said order the position of postmaster at the office thus made a part of said free-delivery office may be made an employee in said free-delivery office and may at the time of classification be assigned to any position therein and given any appropriate designation which the Postmaster-General may direct.
5. The Government printing service shall include the officers and employees in the Government Printing Office who have been or may hereafter be classified under the civil-service act.
6. The internal-revenue service shall include the officers and employees who have been or may hereafter be classified under the civil-service act in any internal-revenue district.
7. All officers and employees who have heretofore been classified under the civil-service act shall be considered as still classified and subject to the provisions of these rules.
8. The following-mentioned positions or employees shall not be subject to the provisions of these rules:
(a) Any position filled by a person whose place of private business is conveniently located for the performance of the duties of said position, or any position filled by a person remunerated in one sum both for services rendered therein and for necessary rent, fuel, and lights furnished for the performance of the duties thereof: Provided, That in either case the performance of the duties of said position requires only a portion of the time and attention of the occupant, paying him a compensation not exceeding, for his personal salary only, $300 per annum, and permitting of his pursuing other regular business or occupation.
(b) Any person in the military or naval service of the United States who is detailed for the performance of civil duties.
(c) Any person employed in a foreign country under the State Department or temporarily employed in a confidential capacity in a foreign country.
(d) Any position whose duties are of a quasi military or quasi naval character and for the performance of whose duties a person is enlisted for a term of years.
RULE IV.
1. In pursuance of the provisions of section 2 of the civil-service act, there shall be provided, to test fitness for admission to positions which have been or may hereafter be classified under the civil-service act, examinations of a practical and suitable character involving such subjects and tests as the Commission may direct.
2. No person shall be appointed to or be employed in any position which has been or may hereafter be classified under the civil-service act until he shall have passed the examination provided therefor or unless he is especially exempt from examination by the provisions of said act or the rules made in pursuance thereof.
3. In pursuance of the provisions of section 2 of the civil-service act, wherever competent persons can be found who are willing to compete, no noncompetitive examination shall be given except as follows:
(a) To test fitness for transfer or for promotion in a part of the service to which promotion regulations have not been applied.
(b) To test fitness for appointment of Indians as superintendents, teachers, teachers of industries, kindergartners, and physicians in the Indian service at large.
The noncompetitive examinations of Indians for the positions mentioned shall consist of such tests of fitness, not disapproved by the Commission, as may be determined upon by the Secretary of the Interior. A statement of the result of every noncompetitive test and all appointments, transfers, or promotions based thereon shall be immediately forwarded to the Commission.
4. In pursuance of the provisions of section 3 of the civil-service act, examinations shall be provided at such places and upon such dates as the Commission shall deem most practicable to subserve the convenience of applicants and the needs of the service.
5. In pursuance of the provisions of section 3 of the civil-service act, the Commission shall appoint from persons in the Government service such boards of examiners as it may deem necessary. The members of said boards shall perform such duties as the Commission may direct in connection with examinations, appointments, and promotions in any part of the service which has been or may hereafter be classified. The members of any board of examiners in the performance of their duties as such shall be under the direct and sole control and authority of the Commission. The duties performed by the members of any board of examiners in their capacity as such shall be considered part of the duties of the office in which they are serving, and time shall be allowed for the performance of said duties during the office hours of said office. The members of any board of examiners shall not all be adherents of one political party when persons of other political parties are available and competent to serve upon said board.
6. In pursuance of the provisions of section 3 of the civil-service act, all executive officers of the United States shall facilitate civil-service examinations, and postmasters, customs officers, internal-revenue officers, and custodians of public buildings at places where such examinations are to be held shall for the purpose of such examinations permit and arrange for the use of suitable rooms under their charge and for heating, lighting, and furnishing the same.
RULE V.
1. Every applicant for examination must be a citizen of the United States, must be of proper age, and must make an application under oath upon a form prescribed by the Commission and accompanied by such certificates as may be prescribed.
2. No application for examination shall be accepted from any person serving in the Army, the Navy, or Marine Corps of the United States unless the written consent of the head of the department under which said person is enlisted is filed with his application.
3. The Commission may, in its discretion, refuse to examine an applicant or to certify an eligible who is physically so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment, or who has been guilty of a crime or of infamous or notoriously disgraceful conduct, or who has been dismissed from the service for delinquency or misconduct within one year next preceding the date of his application, or who has intentionally made a false statement in any material fact or practiced or attempted to practice any deception or fraud in securing his registration or appointment. Any of the foregoing disqualifications shall be good cause for the removal of an eligible from the service after his appointment.
4. No application for examination shall be accepted unless the applicant is within the age limitations fixed herein for entrance to the position to which he seeks to be appointed: Provided, That, subject to the other conditions of these rules, the application of any person whose claim of preference under the provisions of section 1754 of the Revised Statutes has been allowed by the Commission may be accepted without regard to his age. The age limitations for entrance to positions in the different branches of the service shall be as follows: