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isting Depart

culture to ap

SEC. 4. That all laws and parts of laws relating to Laws of exthe Department of Agriculture now in existence, as far ment of Agrias the same are applicable and not in conflict with this ply. act, and only so far, are continued in full force and effect. [25 Stat. L. 659.]

Act of February 9, 1889, ch. 122.

Secretary of

SEC. 3. That the Secretary of Agriculture shall receive Salary of the same salary as is paid to the Secretary of each of the Agriculture. Executive Departments, * * * [25 Stat. L. 659].

Act of February 9, 1889, ch. 122.

Salaries of

SEC. 4. That on and after March fourth, nineteen hun- heads of Dedred and seven, the compensation of

*

* the partments.

heads of Executive Departments who are members of the President's Cabinet shall be at the rate of twelve thousand dollars per annum each,

L. 993.]

*

*

*. [34 Stat.

Legislative, executive, and judicial appropriation act of Feb-
ruary 26, 1907, ch. 1635.

statutes appli

reor

reaus of De

Agriculture.

That all existing statutes relating to the Division of Existing Soils, reorganized into the Bureau of Soils; the Division cable, to of Forestry, reorganized into the Bureau of Forestry; the ganized buDivision of Chemistry, reorganized into the Bureau of partment of Chemistry; and the Division of Botany, the Division of Pomology, the Division of Vegetable Physiology and Pathology, the Division of Agrostology and Experimental Gardens and Grounds, reorganized into the Bureau of Plant Industry, not otherwise repealed, shall remain in effect as applying to the respective bureaus into which the divisions named have been reorganized. [32 Stat. L. 303.1

Agricultural appropriation act of June 3, 1902, ch. 985.

* * *

Officers and employees of

Agriculture.

SEC. 523. The Commissioner of Agriculture shall appoint a chief clerk, and he shall appoint such Department of other employés as Congress may from time to time provide, with salaries corresponding to the salaries of similar officers in other Departments of the Government; and he shall, as Congress may from time to time provide, employ other persons, for such time as their services may be needed, including chemists, botanists, entomologists, and other persons skilled in the natural sciences pertaining to agriculture. [R. S.]

partments

to

SEC. 161. The head of each Department is authorized Heads of De. to prescribe regulations, not inconsistent with law, for the prescribe regu government of his Department, the conduct of its officers lations. and clerks, the distribution and performance of its busi

partment

of

ness, and the custody, use, and preservation of the records, papers, and property appertaining to it. [R. S.]

Seal for De- The Secretary of Agriculture is hereby authorized and Agriculture. directed to procure a proper seal, with such suitable inscriptions and devices as he may approve, to be known as the official seal of the Department of Agriculture, and to be kept and used to verify official documents, under such rules and regulations as he may prescribe. [28 Stat. L. 272.1

Secretary of

duties.

Agricultural appropriation act of August 8, 1894, ch. 238.

Assistant SEC. 2. That there shall be in said Department an Agriculture; Assistant Secretary of Agriculture, to be appointed by the President, by and with the advice and consent of the Senate, who shall perform such duties as may be required by law or prescribed by the Secretary. [25 Stat. L. 659.] Act of February 9, 1889, ch. 122.

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culture.

Assistant * Secretary of

Assistant Secretary of Agriculture, five thou[34 Stat. L. 1256.]

* * *

Agricultural appropriation act of March 4, 1907, ch. 2907.

*

*

the Assistant Secretary is hereby authorized Agriculture to to perform such duties in the conduct of the business of perform duties the Department of Agriculture as may be assigned by the Secretary. Secretary of Agriculture; *. [34 Stat. L. 1256.]

assigned by

Chief clerks to supervise

clerks.

*

*

Agricultural appropriation act of March 4, 1907, ch. 2907. The same provision appears in the act of June 30, 1906, ch. 3913, 34 Stat. L. 670.

SEC. 173. Each chief clerk in the several Departments, subordinate and Bureaus, and other offices connected with the Departments, shall supervise, under the direction of his immediate superior, the duties of the other clerks therein, and see that they are faithfully performed. [R. S.]

Chief clerks to distribute

SEC. 174. Each chief clerk shall take care, from time duties and re- to time, that the duties of the other clerks are distributed port monthly. with equality and uniformity, according to the nature of

Duty

heads of De

on

the case.

He shall revise such distribution from time to time, for the purpose of correcting any tendency to undue accumulation or reduction of duties, whether arising from individual negligence or incapacity, or from increase or diminution of particular kinds of business. And he shall report monthly to his superior officer any existing defect that he may be aware of in the arrangement or dispatch of business. [R. S.]

of SEC. 175. Each head of a Department, chief of a Bupartments,etc.. reau, or other superior officer, shall, upon receiving each monthly report of his chief clerk, rendered pursuant to Pots of chief the preceding section, examine the facts stated therein,

receipt of monthly re

clerk.

and take such measures, in the exercise of the powers conferred upon him by law, as may be necessary and proper to amend any existing defects in the arrangement or dispatch of business disclosed by such report. [R. S.]

*

chief clerk, who shall be superintendent of the Chief clerk, Department buildings, [33 Stat. L. 276.]

* * *

Department of Agriculture, to be superintend

Agricultural appropriation act of April 23, 1904, ch. 1486. ent of buildSimilar provisions appear in previous appropriation acts ings. for a number of years.

to officers to

Departments

That hereafter the commissions of all officers under the Commissions direction and control of the Secretary of the Treasury, the be issued by Secretary of War, the Secretary of the Navy, and the Secretary of Agriculture shall be made out and recorded President. in the respective Departments under which they are to serve, and the Department seal affixed thereto, any laws to the contrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. [29 Stat. L. 75.]

Act of March 28, 1896, ch. 73.

business in De

re

Hereafter it shall be the duty of the head of each Ex- Condition of ecutive Department to require monthly reports to be partments; made to him as to the condition of the public business in ports. 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. [30 Stat. L. 317.]

Legislative, executive, and judicial appropriation act of March
15, 1898, ch. 68.

business in De

quarterly re

Hereafter it shall be the duty of the head of each Ex- Condition of ecutive Department, or other Government establishment partments; at the seat of government, not under an Executive De- ports to Presipartment, to make at the expiration of each quarter of dent. the fiscal year a written report to the President as to the condition of the public business in his Executive Department or Government establishment, and whether any branch thereof is in arrears. [30 Stat. L. 317.]

Legislative, executive, and judicial appropriation act of March
15, 1898, ch. 68.

reports of Deof

Agriculture.

SEC. 2. That the Commissioner of Agriculture is hereby Accounts and directed and required to account and report to the proper partment accounting officers of the Treasury in the same manner and at the same times as the heads of executive departments of the government are now required by law to account and report. [21 Stat. L. 385.]

Agricultural appropriation act of March 3, 1881, ch. 129. The same provision was enacted in the act of June 16, 1880, ch. 252, 21 Stat. L. 296.

headships of

Vacancies in SEC. 177. In case of the death, resignation, absence, or Departments. sickness of the head of any Department, the first or sole assistant thereof shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such head until a successor is appointed, or such absence or sickness shall cease. [R. S.]

subordinate offices.

Vacancies in SEC. 178. In case of the death, resignation, absence, or sickness of the chief of any Bureau, or of any officer thereof, whose appointment is not vested in the head of the Department, the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such Bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventynine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease. [R. S.]

President

may fill va

porarily.

SEC. 179. In any of the cases mentioned in the two precancies tem ceding sections, except the death, resignation, absence, or sickness of the Attorney-General, the President may, in his discretion, authorize and direct the head of any other Department or any other officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease. [R. S.]

appointments

Temporary SEC. 180. A vacancy occasioned by death or resignation to fill vacan- must not be temporarily filled under the three preceding cies limited. sections for a longer period than thirty days. [R. S.]

Closing De

partments for

As amended by act of February 6, 1891, ch. 113, 26 Stat. L. 733.

SEC. 4. That hereafter the Executive Departments of deceased ex- the Government shall not be closed as a mark to the memofficial pro-ory of any deceased ex-official of the United States. [27 Stat. L. 715.]

hibited.

Restrictions

on temporary

to

Legislative, executive, and judicial appropriation act of March 3, 1893, ch. 211.

SEC. 181. No temporary appointment, designation, or appointments assignment of one officer to perform the duties of another, fill va in the cases covered by sections one hundred and seventycancies. seven and one hundred and seventy-eight, shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate. [R. S.]

Officer tem

vacancy not

SEC. 182. An officer performing the duties of another porarily filling office, during a vacancy, as authorized by sections one entitled to ex hundred and seventy-seven, one hundred and seventyeight, and one hundred and seventy-nine, is not by reason

tra compensa

tion.

thereof entitled to any other compensation than that` attached to his proper office. [R. S.]

Opinion of Attorney Gen

SEC. 356. The head of any Executive Department may require the opinion of the Attorney-General on any ques- eral upon questions of law arising in the administration of his Depart- tions of law. ment. [R. S.]

Depart

perform all legal

re

quired for

SEC. 361. The officers of the Department of Justice, Officers of under the direction of the Attorney-General, shall give ment of all opinions and render all services requiring the skill of tice to persons learned in the law necessary to enable the Presi- services dent and heads of Departments, and the heads of Bu- other Depart reaus and other officers in the Departments, to discharge ments. their respective duties; and shall, on behalf of the United States, procure the proper evidence for, and conduct, prosecute, or defend all suits and proceedings in the Supreme Court and in the Court of Claims, in which the United States, or any officer thereof, as such officer, is a party or may be interested; and no fees shall be allowed or paid to any other attorney or counselor at law for any service herein required of the officers of the Department of Justice, except in the cases provided by section three hundred and sixty-three. [R. S.]

counsel to

be

etc., by Attor

SEC. 364. Whenever the head of a Department or Bu- Services of reau gives the Attorney-General due notice that the in- provided other terests of the United States require the service of counsel Departments. upon the examination of witnesses touching any claim, ney-General. or upon the legal investigation of any claim, pending in such Department or Bureau, the Attorney-General shall provide for such service. [R. S.]

SEC. 365. No compensation shall hereafter be allowed to any person, besides the respective district attorneys and assistant district attorneys for services as an attorney or counselor to the United States, or to any branch or Department of the Government thereof, except in cases specially authorized by law, and then only on the certificate of the Attorney-General that such services were actually rendered, and that the same could not be performed by the Attorney-General, or Solicitor-General, or the officers of the Department of Justice, or by the district attorneys. [R. S.]

Counsel fees restricted.

witnesses.

SEC. 184. Any head of a Department or Bureau in Subpoenas to which a claim against the United States is properly pending may apply to any judge or clerk of any court of the United States, in any State, District, or Territory, to issue a subpoena for a witness being within the jurisdiction of such court, to appear at a time and place in the subpoena stated, before any officer authorized to take depositions to be used in the courts of the United States,

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