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That the 11th day of November in each year, a day to be dedicated to the cause of world peace and to be hereafter celebrated and known as Armistice Day, is hereby made a legal public holiday to all intents and purposes and in the same manner as the 1st day of January, the 220 day of February, the 30th day of May, the 4th day of July, the first Monday of September, and Christmas Day are now made by law public holidays. Act of May 13, 1938 (52 Stat. 351); 5 U. 8. C. 87a.
The first and second paragraphs of the 1929 text of this section, based, respectively, on resolutions of January 6, 1885 (23 Stat. 516), and February 23, 1887 (24 Stat. 644); 5 U. S. C. 86 were specifically repealed by section 2, public resolution of June 29, 1938 (52 Stat. 1247).
Proclamation No. 2305, October 25, 1938, called for special observance of Armistice Day on November 11, 1938, in view of world unrest. 665. Holidays; District of Columbia.—*
The following days in each year, namely, the first day of January, commonly called New Year's Day; the twenty-second day of February, known as Washington's Birthday; the Fourth of July; the thirtieth day of May, commonly called Decoration Day; the first Monday in September, known as Labor's Holiday; the twenty-fifth day of December, commonly called Christmas Day; every Saturday, after twelve o'clock noon; any day appointed or recommended by the President of the United States as a day of public fasting or thanksgiving, and the day of the inauguration of the President, in every fourth year, shall be holidays in the District for all purposes. Whenever any day set apart as a legal holiday shall fall on Sunday, then and in such case the next succeeding day shall be a holiday;
Sec. 1389, Code of Law for the District of Columbia, act of Mar. 3, 1901 (31 Stat. 1404); act of June 30, 1902 (32 Stat. 543).
By Executive order of May 22, 1909, all Government establishments are to be closed and employees excused on the following Monday when the above legal holidays fall on Sunday, and outside the District of Columbia upon the following or upon another day according to State law.
By public resolution of July 2, 1930 (46 Stat. 849), Saturday, July 5, 1930, was declared a holiday in the District of Columbia for all purposes.
By public resolution of June 20, 1936 (49 Stat. 1568), Saturday, December 26, 1936, was declared a legal holiday in the District of Columbia, all employees of the United States and the District of Columbia to be entitled to pay the same as on other days.
Executive Order No. 7700, August 31, 1937, provided that the Executive Departments and independent establishments and other governmental agencies in the District of Columbia, including the Government Printing Office and the Navy Yard, should be closed at 1 P. M. September 17, 1937, the anniversary of the signing of the Constitution of the United States.
For a number of years past it bas been customary to declare by Executive Order a holiday or half-holiday on the days preceding or following Christmas and New Year's, as for example Executive Order No. 8022, December 6, 1938, closing all Executive Departments and other governmental agencies in the District of Columbia on Saturday, December 24, 1938, and Saturday, December 31, 1938.
665a. Holidays; Saturday afternoons. That on and after the effective date of this Act four hours, exclusive of time for luncheon, shall constitute a day's work on Saturdays throughout the year, with pay or earnings for the day the same as on other days when full time is worked, for all civil employees of the Federal Government and the District of Columbia, exclusive of employees of the Postal Service, employees of the Panama Canal on the Isthmus, and employees of the Interior Department in the field, whether on the hourly, per diem, per annum, piecework, or other basis: Provided, That in all cases where for special public reasons, to be determined by the head of the Department or establishment having supervision or control of such employees, the services of such employees can not be spared, such employees shall be entitled to an equal shortening of the workday on some other day: Provided further, That the provisions of this Act shall not deprive employees of any leave or holidays with pay to which they may now be entitled under existing laws. Act of Mar. 3, 1931 (46 Stat. 1482); 5 U. S. O. 26a.
By sec. 11, Title II, act of Mar. 3, 1933 (47 Stat. 1516) ; 5 U. S. C. 26b, certain employees of the Veterans' Administration were excepted from the provisions of this section, at the discretion of the Administrator.
Employees of the International Boundary Commission, United States and Mexico, were excluded from the purview of this section by the State Department Appropriation Act of June 16, 1937, Title I (50 Stat. 269).
665b. Holidays; pay of per diem employees.—That hereafter whenever regular employees of the Federal Government whose compensation is fixed at a rate per day, per hour, or on a piece-work basis are relieved or prevented from working solely because of the occurrence of a holiday such as New Year's Day, Washington's Birthday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or any other day declared a holiday by Federal statute or Executive order, or any day on which the departments and establishments of the Government are closed by Executive order, they shall receive the same pay for such days as for other days on which an ordinary day's work is performed. Sec. 1, pub, res. of June 29, 1938 (52 Stat. 1246); 5 U. 8. C. 86a.
: By public resolution of June 27, 1930 (46 Stat. 826), it was provided that employees of the Government and of the District who were excused from work on March 4, 1929 (Inauguration Day), should be entitled to pay for said holiday. Public resolution of March 29, 1937 (50 Stat. 56) makes similar provision for those absent on January 20, 1937.
666. Hours of labor; minimum.-Hereafter it shall be the duty of the heads of the several executive departments, in the interest of the public service, to require of all clerks and other employees, of whatever grade or class, in their respective departments, not less than seven hours of labor each day, except Sundays and days declared public holidays by law or Executive order: Sec. 5, act of Mar. 3, 1893 (27 Stat. 715), Sec. 7, act of Mar. 15, 1898 (30 Stat. 316), 5 U. 8. C. 29.
For “8-hour law" limiting hours of labor of laborers and mechanics employed by the Government or by Government contractors engaged on public works, see 744, post, et seq.
667. Hours of labor; extension.—* * * Provided, That the heads of the departments may, by special order, stating the reason, further extend the hours of any clerk or employee in their departments, respectively; but in case of an extension it shall be without additional compensation.
Sec. 5, act of Mar. 3, 1893 (27 Stat. 715); sec. 9, act of Mar. 15, 1898 (30 Stat. 316); 5 U. 8. C. 29.
Hereafter it shall be the duty of the head of each executive department to require monthly reports to be made to him as to the conrlition of the public business in the several bureaus or offices of his department at Washington; and in each case where such reports disclose that the public business is in arrears, the head of the department in which such arrears exist shall require, as provided herein, an extension of the hours of service to such clerks or employees as may be necessary to bring up such arrears of public business.
Sec. 7, act of Mar. 15, 1898 (30 Stat. 317); 5 U. 8. C. 31. 668. Hours of labor; recording clocks.--No money appropriated by this Act shall be used for expense of repairing recording clocks used for recording time of clerks or other employees in any of the executive departments at Washington, nor shall there thereafter be used in any of the executive departments at Wash. ington any such recording clocks. Sec. 1, act of Feb. 24, 1899 (30 Stat. 864); 5 U. S. O. 27.
A previous provision that no recording clocks should be purchased for use in any of the executive departments at Washington, D. C., except from moneys specifically appropriated
therefor, contained in act July 7, 1898, sec. 1 (30 Stat. 655), was superseded by this provision,
669. Jury duty; exemption.-All artificers and workmen employed in the armories and arsenals of the United States shall be exempted, during their time of service, from service as jurors in any court. R. 8. 1671; 50 U. 8. C. 57.
669a. Jury duty; exemption in the District of Columbia.-All executive and judicial officers of the Government of the United States and of the District of Columbia, all officers and enlisted men of the Army, Navy, Marine Corps, and Coast Guard of the United States in active service, those connected with the police and fire departments of the United States and of the District of Columbia, counselors and attorneys at law in actual practice, ministers of the gospel and clergymen of every denomination, practicing physicians and surgeons, keepers of hospitals, asylums, almshouses, or other charitable institutions created by or under the laws relating to the District of Columbia, captains and masters and other persons employed on vessels navigating the waters of the District of Columbia shall be exempt from jury duty, and their names shall not be placed on the jury lists.
All other persons, otherwise qualified according to law, whether employed in the service of the Government of the United States or of the District of Columbia, all officers and enlisted men of the National Guard of the District of Columbia, both active and retired, all officers and enlisted men of the Military, Naval, Marine, and Coast Guard Reserve Corps of the United States, all notaries public, all postmasters and those who are the recipients or beneficiaries of a pension or other gratuity from the Federal or District Government or who have contracts with the United States or the District of Columbia, shall be qualified to serve as jurors in the District of Columbia, and shall not be exempt from such service: Provided, That employees of the Government of the United States or of the District of Columbia in active service who are called upon to sit on juries shall not be paid for such jury service but their salary shall not be diminished during their term of service by virtue of such service, nor shall such period of service be deducted from any leave of absence authorized by law. Sec. 217, act of Mar. 3, 1901 (31 Stat. 1224); act of Aug. 22, 1935 (49 Stat. 682).
Notes of Decisions In general.—The exclusion en masse from or because of a conclusive presumption of jury service in criminal cases in the Dis- bias against an accused, would constitute a trict of Columbia of a body of citizens other serious reproach to the competency and effiwise highly desirable in point of intelligence ciency of the administration of the system of and character, solely by reason of their em- jury trials. Crawford v. U. S., 212 U. S. ployment by the Government, and the con- 183, held not determinative. U. 8. v. Wood sequent imposition of a heavier burden upon (1936) 299 U. S. 123, reversing (App. D. C., other citizens, whether that exclusion would | 1936), 83 F. (20) 587. be in deference to a supposed ancient rule,
670. Membership fees and attendance at conventions.--No money appropriatea by this or any other Act shall be expended for membership fees or dues of any officer or employee of the United States of the District of Columbia in any society or association or for expenses of attendance of any person at any meeting or convention of members of any society or association, unless such fees, dues, or expenses are authorized to be paid by specific appropriations for such purposes or are provided for in express terms in some general appropriation. Sec. 8, act of June 26, 1912 (37 Stat. 184); 5 U. 8. C. 83.
This section was part of the District of Columbia appropriation act for the fiscal year 1913.
671. Military preference in appointment.- Persons honorably discharged from military or naval service by reason of disability resulting from wounds or sickness incurred in the line of duty, shall be preferred for appointments to civil offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices. R. 8. 1754; 5 U. 8. C. 35.
That hereafter in making appointments to clerical and other positions in the executive branch of the Government in the District of Columbia or elsewbere preference shall be given to honorably discharged soldiers, ilors, and marines, and widows of such, and to the wives of injured soldiers, sailors, and marines who themselves are not qualified, but whose wives are qualified to hold such positions. Sec. 3, act of June 18, 1929 (46 Stat. 21); 5 U. 8. C. 35.
That nothing in this Act shall modify or repeal any existing preference in appointment or reduction in the service of honorably discharged soldiers, sailors, or marines under any existing law or any Executive order now in force. Sec. 8, act of Mar. 4, 1923 (42 Stat. 1490); 5 U. 8. C. 668.
The preference conferred by first paragraph of this section was not taken away by the civil service act of Jan. 16, 1883, by a provision of sec. 7 thereof, ante, 571.
The second paragraph, supra, superseded the act of Mar. 3, 1919 (40 Stat. 1293), reading as follows:
"That hereafter in making appointments to clerical and other positions in the executire departments and in independent governmental establishments preference shall be given to honorably discharged soldiers, sailors, and marines, and widows of such, if they are qualified to hold such positions."
Notes of Decisions In general.-Drafted man who, in obedi- | any right of citizenship guaranteed by State epce to mailed order, reported for duty and or Federal Constitution. performed duties assigned until discharged Statute giving preference to soldiers, etc., for physical disqualification, held "soldier" for positions in executive brauch, held inad interim, as respects civil-service prefer-tended to cover all classes of employment in ence. Hurley v. Crawley (App. D. C., 1931). executive department, including temporary 50 F. (20) 1010.
employment on work relief projects (EmerResident of Ohio and veteran of Canadian gency Relief Appropriation Act of 1935, 15 Army during World War, held not entitled to U. S. C. A. 728, note; 5 U. S. C. A. 35). benefits in civil-service rating granted by Spang v. Roper (D. C., 1936), 13 F. Supp. (State) statute to veterans of United States 840. Army. State ex rel. King v. Emmons et al. Removal.—Civil-service preference given (Ohio, 1933), 191 N. E. 880.
persons honorably discbarged from military Preference in appointment in classified service goes to appointment only, not to recivil service (State) of 20 percent to hon- tention in civil service. Hurley v. Crawley orably discharged soldiers is not violative of (App. D. C., 1931), 50 F. (20) 1010.
672. Military preference; extension of period of eligibility.-* That the period of time during which soldiers, sailors, and marines, both enlisted and drafted men, who, prior to entering the service of their country, had a civil service status, and whose names appear upon the eligible list of the Civil Service Commission, shall not be counted against them in the determination of their eligibility for appointment under the law, rules and regulations of the Civil Service Commission now in effect, and at the time of demobilization their civil service status shall be the same as when they entered the service. Sec. 1, act of Mar. 1, 1919 (40 Stat. 1221); 5 U. S. C. 645. 673. Military preference in reduction or dismissal.
Provided, That in making any reduction of force in any of the executive departments, the head of such department shall retain those persons who may be equally qualified who have been honorably discharged from the military or naval service of the United States, and the widows and orphans of deceased soldiers and sailors. Sec. 3, act of Aug. 15, 1876 (19 Stat. 169); 5 U. S. C. 37.
Provided, That in the event of reductions being made in the force in any of the executive departments no honorably discharged soldier or sailor whose record in said department is rated good shall be discharged or dropped,
or reduced in rank or salary. Sec. 4, act of Aug. 23, 1912 (37 Stat. 413); 50. 8. C. 648.
Executive Order No. 6175 of June 16, 1933, provides for a maximum credit for length of service of ten points in computing ratings to determine demotions and separations of departmental employees on account of reduction in force.
Notes of Decisions In general.—Surplus civil-service employee inding that her record was not good. Longwith military preference held properly dis- fellow v. Gudger (App. D. C., 1926), 16 F. charged without charges being preferred, on (20) 653.
674. Misconduct; willfully damaging public property.-If any artificer or workman, hired, retained, or employed in any public arsenal or armory, wantonly and carelessly breaks, impairs, or destroys any implements, tools, or utensils, or any stock, or materials for making guns, the property of the United States, or willfully and obstinately refuses to perform the services lawfully assigned to him, pursuant to his contract, he shall forfeit a sum not exceeding twenty dollars for every such act of disobedience or breach of contract, to be recovered in any court having competent jurisdiction thereof. R. S. 1669; 50 U. S. C. 56.
675. Recess appointments.- No money shall be paid from the Treasury, as salary, to any person appointed during the recess of the Senate, to fill a vacancy in any existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until such appointee has been confirmed by the Senate. R. S. 1761; 5 U. 8. 0. 56. 676. Reinstatement; discharged soldiers.-
That all former Government employees who have been drafted or enlisted in the military service of the United States in the war with Germany shall be reinstated on application to their former positions, if they have received an honorable discharge and are qualified to perform the duties of the position. Sec. 1, act of Feb. 25, 1919 (40 Stat. 1164).
By the act of July 28, 1916 (39 Stat. 413), specific provision is made for the reinstatement of any postal employee honorably discharged from the military service.
Notes of Decisions
Scope. This section does not apply to if it exists, and this requirement is not satispersons who were commissioned from civil fied by reinstating in a nonstatutory position life without having previously enlisted for one who vacated a statutory position, any purpose.
although the rate of pay and civil-service It requires the restoration of every former designation are the same in both. Government employee to the civil-service It does not require that a former Governstatus he occupied before he entered the ment employee be reinstated if services of the military service; but if the position which character he is able to perform are no longer the employee left was only a temporary one needed; but if such scrvices are required, he and has actually ceased to exist, his right to must be reinstated, although they are already reinstatement is lost.
being satisfactorily performed by another It requires that a former Government em- employee. (1919) 31 Op. Atty. Gen. 454. ployee be reinstated in his former position
677. Reinstatement; reserve officers relieved from active duty.-* Provided further, That members of the Officers' Reserve Corps who are in the employ of the United States Government or of the District of Columbia and who are ordered to duty by proper authority shall, when relieved from duty, be restored to the positions held by them when ordered to duty. Act of May 12, 1917 (40 Stat. 72); 10 U. S. C. 371.