201, s. 42, v. 14, p. July 18, 1866, c. times by any act of Congress or regulation of the Department of the Treasury, other than his accounts, within the time prescribed by such act or regulation, shall be fined not more than one thousand dollars and not less than one hundred. Political assess ments. ii, v. 22, p. 403. forbidden. Sec. 12, ibid. 172. No Senator, or Representative, or Territorial Delegate of the Congress, or Senator, Representative, or Delegate elect, or any officer or employee of either of said Houses, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any Department, branch, or bureau of the executive, judicial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever from any officer, clerk, or employee of the United States, or any Department, branch, or bureau thereof, or trom any person receiving any salary or compensation from moneys derived from the Treasury of the United States. Sec. 11, act of January 16, 1883 (22 Stat. L., 403). Soliciting con- 173. No person shall, in any room or building occupied tributions for political purposes in the discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navy-yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose whatever. 12, ibid. Change of rank or compensation Sec. 174. No officer or employee of the United States menSec. 13, ibid. tioned in this act shall discharge, or promote, or degrade, or in any manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose. Sec. 13, ibid. Political contributions forbid den. Sec. 14, ibid. 175. No officer, clerk, or other person in the service of the United States shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the 1The rules promulgated by the President on November 2, 1896, providing for certain classifications and exceptions, and regulating promotions in the civil service, do not regulate removals from office, except for political or religious opinions or affiliations. Carr v. Gordon, 82 Fed. Rep., 373. The civil-service law does not prohibit removal or discharge, except for giving, withholding, or neglecting to make contributions of money for political purposes. Morgan . Nunn, 84 Fed. Rep., 551. The power of removal is a purely executive power which is not intrusted to the judicial branch of the Government. Keim v. Ú. S., 33 Ct. Cls., 174. service of the United States, or to any Senator or Member of the House of Representatives, or Territorial Delegate, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever. Sec. 14, ibid. 176. Any person who shall be guilty of violating any Penalty for violation of precedprovision of the four foregoing sections shall be deemed ing sections guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the discretion of the court. Sec. 15, ibid. sec. 15, ibid. etc.. contribu of Government poses prohibited. 177. All executive officers or employees of the United Requesting. States not appointed by the President, with the advice tions by officers and consent of the Senate, are prohibited from requesting, for political pur giving to, or receiving from, any other officer or employee 1876, v. 19, p. 169. of the Government, any money or property or other thing of value for political purposes; and any such officer or employee, who shall offend against the provisions of this section shall be at once discharged from the service of the United States; and he shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding five hundred dollars. Sec. 6, act of August 15, 1876 (19 Stat. L., 169). Prohibition upon taking confor procuring con tracts offices, etc. July 16, 1862, e. 180, v. 12, p. 577; Sec. 1781, R.S. 178. Every member of Congress or any officer or agent of the Government who, directly or indirectly, takes, re-sideration ceives, or agrees to receive, any money, property, or other valuable consideration whatever, from any person for pro- Feb. 25, 1963, c. curing, or aiding to procure, any contract, office, or place, 61, v. 12. p. 696. from the Government or any Department thereof, or from any officer of the United States, for any person whatever, or for giving any such contract, office, or place, to any person whomsoever, and every person who, directly or indirectly, offers or agrees to give, or gives, or bestows any money, property, or other valuable consideration whatever, for the procuring or aiding to procure any such contract, office, or place, and every member of Congress who, directly or indirectly, takes, receives, or agrees to receive any money, property, or other valuable consideration whatever after his election as such member, for his attention to, services, action, vote, or decision on any question, matter, cause or proceeding which may then be pending, or may by law or under the Constitution be brought before him in his official capacity, or in his place as such member of Con gress, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars. And any such contract or agreement may, at the option of the President, be declared absolutely null and void; and any member of Congress or officer convicted of a violation of this section, shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States.1 179. No officer, clerk, or employee in the United States presents, etc., to Government employ shall at any time solicit contributions Feb. 1, 1870, c. from other officers, clerks, or employees in the Government Sec. 1784, R.S. service for a gift or present to those in a superior official Prohibition of contributions, superiors. 11, v. 16, p. 63. position; nor shall any such officials or clerical superiors receive any gift or present offered or presented to them as a contribution from persons in Government employ receiving a less salary than themselves; nor shall any officer or clerk make any donation as a gift or present to any official superior. Every person who violates this section shall be summarily dismissed from the Government employ.* MISCELLANEOUS PROVISIONS. Par. Par. 180. Removal of office on account of sick- 182. Preservation of Statutes at Large. ness, report. 181. Restriction on payments for news office. papers. Removal of 180. Whenever any public office is removed by reason Apr. 21, 1806, c. of sickness which may prevail in the town or city where it Sec. 1776, R.S. is located, a particular account of the cost of such removal shall be laid before Congress. 41, s. 6, v. 2, p. 397. upon payments etc. Restrictions 181. No executive officer, other than the heads of Defor newspapers, partments, shall apply more than thirty dollars, annually, Mar. 3, 1839, C out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office. 82, s. 3, v. 5, p. 349. Sec. 1779, R.S. 1 Sections 1781 and 1782 of the Revised Statutes make it illegal for an officer of the United States to have that sort of connection with a Government contract which an agent, attorney, or solicitor assumes when he procures, or aids in procuring, such contract for another, or when he prosecutes for another any claim against the Government founded thereon. XIV Opin. Att. Gen., 483. But there is in the statutes no general provision whereby officers of the executive branch of the Government are forbidden to contract directly with the Government as principals, in matters separate from their offices and in no way connected with the performance of their official duties; nor are those officers forbidden to be connected with such contracts, after they are procured, by acquiring an interest therein. Ibid. 2 This section was held to be constitutional by the Supreme Court in Ex parte Curtis, 106 U. S., 371. 182. The various officers of the United States to whom, in virtue of their offices and for the uses thereof, copies of the United States Statutes at Large, published by Little, Brown and Company, have been or may be distributed at the public expense, by authority of law, shall preserve such copies, and deliver them to their successors respectively as apart of the property appertaining to the office. A printed copy of this section shall be inserted in each volume of the Statutes distributed to any such officers. Par. CHAPTER V. THE DEPARTMENT OF THE TREASURY-THE ACCOUNTING OFFICERS. 183. The Treasury Department. 184-189. Accounts. 190-193. The Accounting Officers; the Comptroller of the Treasury. 194-214. The Auditors of the Treasury. 215-218. Accounts of line officers, etc. 219, 220. Claims; reports of claims allowed. 221, 222. Claims of officers and enlisted men for property lost or destroyed. 223-230. Reimbursement of States for expenses incurred in war with Spain. 231, 232. Compromise of claims. 233. Set-off. 234. Assignment of claims. 235-244. Prosecution of claims. 245-247. Debts due by or to the United States. ment of the Sept. 2, 1789, c. Par. 248, 249. Discharge of poor debtors. 251-264. Distress warrants. 265-270. Estimates. 271-275. Appropriations. 276-278. Permanent annual appropriations. 279-282. Application of balances. 283–290. The public moneys; the Treasurer; assistant treasurers, and depositories. 291-295. Disbursing agents. 296-298. Transfer of funds by Secretary of the Treasury. 299-304. Deposit of public money. 309-312. Outstanding checks. The Depart- 183. There shall be at the seat of Government an ExecuTreasury. tive Department to be known as the Department of the 12, 1, 65. Treasury, and a Secretary of the Treasury, who shall be the head thereof. Sec. 233, R. S. ington. Commence ment of the fiscal year. Aug. 26, 1842, c. 536; May 8, 1872, p. 61; Mar. 3, 1873, Par. 188. Report of delinquent officers. 184. The fiscal year of the Treasury of the United States in all matters of accounts, receipts, expenditures, estimates, 207, s. 1,2, v.5. P. and appropriations, except accounts of the Secretary of e. 139, s. 1, v. 17, the Senate for compensation and traveling expenses of Senc. 226, s. 1, v. 17, p. ators,' shall commence on the first day of July in each year; Sec. 227, R. S. and all accounts of receipts and expenditures required by law to be published annually shall be prepared and published for the fiscal year as thus established. The fiscal 486. For other statutory provisions in relation to accounts, see the titles "The Comptroller of the Treasury" and "The Auditors of the Treasury" in the chapter entitled THE TREASURY DEPARTMENT, and the title "Disbursing Officers" in the chapter entitled THE STAFF DEPARTMENTS. |