15. Mileage of messengers.—

This section was made obsolete by § 11a which does away with messengers in the transmission of certificates to the President of the Senate and supersedes § 11.

16. Forfeiture for messenger's neglect of duty.—

This section was made obsolete, as to persons appointed pursuant to § 11 by § 11a which does away with messengers in the transmission of certificates to the President, and supersedes § 11.

★18. Preservation of order in joint meeting.

The words "of this title" should be inserted in line 3 of this section after "20."

★22. Officers eligible to act as President in case of vacancy.— In the citation to this section "24 Stat. 1" should be "24 Stat. 2."

Chapter 2.-OFFICE AND COMPENSATION OF PRESIDENT.

Section 43. President's traveling expenses.

This section was saved from repeal or modification by § 10 of Act June 3, 1926, с. 457, 44 Stat. 689, constituting § 830 of Title 5, EXECUTIVE DEPARTMENTS AND GOVERNMENT OFFICERS AND EMPLOYEES.

45. Salary of Secretary to President. On and after July 1, 1926, the compensation for the position of Secretary to the President shall be at the rate of $10,000 per annum. 1926, с. 171, 45 Stat. 305.)

Act.

(Apr. 22,

51. Inventory of public property.

This section is probably superseded by § 48 of this title which is derived from later legislation.

52. Annual statement and inventory of stationery and fuel.This section is dependent on §§ 50 and 51 of this title which are probably superseded by § 48 of this title.

53. Protection of the President.

The words " and the members of his immediate family" in line 2 of this section should be omitted because not based on any permanent provision of law. All but the first citation should be omitted as relating to temporary legislation repeated annually.

Chapter 3.-WHITE HOUSE POLICE.

Section 61. Police force established; control and supervision; privileges, powers, and duties. There is hereby created and established for the protection of the Executive Mansion and grounds in the District of Columbia a permanent police force, to be known as the White House police. Such force shall be under the control and direct supervision of the Chief of the Secret Service Division. The members of such force shall possess privileges and powers and perform duties similar to those of the members of the Metropolitan police of the District of Columbia, and such additional privileges and duties as the Chief of the Secret Service Division may prescribe. (As amended May 14, 1930, с. 277, § 1, 46 Stat. 328.)

It is the opinion of the War Department that this section should be omitted from the Code "as not based on permanent law." It is but a proviso to an Appropriation Act and is repeated from year to year.

★48. Public property in and belonging to Executive Mansion.

The words "Secretary of War" in line 9 of this section should read "Director of Public Buildings and Public Parks of the National Capital," the authority for the substitution being § 4 of Title 40, PUBLIC BUILDINGS, PROPERTY, AND WORKS. The second citation should be changed in part to read "c. 339, §§ 1, 3, 43 Stat. 983."

The words "officer in charge of public buildings and grounds" in lines 11 and 12 of this section should be changed to read "Director of Public Buildings and Public Parks of the National Capital," on authority of § 2 of Title 40, PUBLIC BUILDINGS, PROPERTY, AND WORKS.

The words "of the Director" in line 16 should be eliminated, on authority of said § 2 of Title 40.

★49. Furniture for White House.

The words "officer in charge of public buildings and grounds"

(Metropolitan police), three sergeants with grade corresponding to that of sergeant (Metropolitan police); and of such number of privates, with grade corresponding to that of private, class three (Metropolitan police), as may be necessary but not exceeding forty-three in number. Members of the White House police shall be appointed from the members of the Metropolitan police force and the United States park police force from lists furnished by the officers in charge of such forces. Vacancies shall be filled in the same manner. (As amended May 14, 1930, c. 277, § 2, 46 Stat. 329.)

and Public Parks of the National Capital."

As authority for the change there should be added to the list of citations "Act Feb. 26, 1925, с. 339, § 1, 43 Stat. 983." Section 1 of Act Feb. 26, 1925, constitutes § 2 of Title 40, PUBLIC BUILDINGS, PROPERTY, AND WORKS."

This section should be omitted from the Code. It purports to limit the scope of § 670 of Title 5. But that section is derived from later legislation than that on which this section is based.

67. Appropriation to carry out provisions of chapter. There

50. Annual statement of public property.

This section is probably superseded by § 48 of this title which is derived from later legislation.

in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this chapter. (As amended May 14, 1930, с. 277, § 4, 46 Stat. 329.)

The amendment made necessary a new section heading.

Chapter 1.—PROVISIONS APPLICABLE TO DEPARTMENTS AND OFFICERS GENERALLY.

★ Section 11. Same; under Secretaries of departments.

Whether this section should have included commissions of officers under the direction and control of the Secretary of Labor, is questionable. If there is any statutory authority for their inclusion it is the Act last cited to the section. That Act creates the Department of Labor but it does not appear to touch the subject matter of this section.

The words "any laws to the contrary notwithstanding" in lines 8 and 9 of this section are superfluous though contained in the Act

first cited.

“Provided, That" should be inserted between the two sentences. ★13. Notification of appointments.—

R. S. § 1774, cited to this section, contained the words "all the proper accounting and disbursing officers of his department" in place of the words "the General Accounting Office" in line 6 of this section. The substitution was thought to be warranted by Act June 10, 1921, also cited to this section. That Act created the General Accounting Office. It is doubtful if the substitution was authorized by said Act.

★14. Notification of nominations or rejections.—

There should be an additional citation to this section, namely, "June 10, 1921, c. 18, § 304, 42 Stat. 24."

★14a. Holding office contrary to disability clause of fourteenth amendment; quo warranto for removal. Whenever any person holds office, except as a member of Congress or of some State legislature, contrary to the provisions of the third section of the fourteenth article of amendment of the Constitution, the district attorney for the district in which such person holds office shall proceed against him by writ of quo warranto, returnable to the district court of the United States in such district, and prosecute the same to the removal of such person from office. (R. S. § 1786.)

This section omitted from the Code appears to be still in force. ★16. Oath of office.

The last sentence of this section should be omitted. It is obviously temporary. The citation "R. S. § 1756" should also be omitted as it is superfluous and has moreover been expressly repealed.

The words " by existing statutes" in line 12 of this section relates to statutes existing on May 13, 1884.

17a. Oath of office; renewal by employees of United States Veterans' Bureau.-Employees of the United States Veterans' Bureau who, upon original appointment, have subscribed to the oath of office required by section 16 of this title shall not be required to renew the said oath because of any change in status so long as their services are continuous, unless, in the opinion of the Director, the public interests require such renewal. (Dec. 11, 1926, с. 4, § 3, 44 Stat. 919.)

The Act cited to the text was entitled "An Act to require the filing of an affidavit by certain officers of the United States." The United States Veterans' Bureau, mentioned in the text, has by § 11 of Title 38 and the President's order of July 21, 1930, been consolidated with other governmental agencies into an establishment known as the Veterans' Administration. Section 11f of Title 38, provides that "all laws relating to the United States Veterans' Bureau so far as the same are applicable, shall remain in full force and effect except as herein modified

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21a. Affidavit by appointed officers; no consideration paid for appointment.-Each individual hereafter appointed as a civil officer of the United States by the President, by and with the advice and consent of the Senate, or by the President alone, or by a court of law, or by the head of a department, shall, within thirty days after the effective date of his appointment, file with the Comptroller General of the United States an affidavit stating that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any considera❘tion for or in the expectation or hope of receiving assistance in securing such appointment. (Dec. 11, 1926, c. 4, § 1, 44 Stat. 918, as amended Mar. 2, 1927, с. 284, 44 Stat. 1346.)

21b. Same; failure to make affidavit; penalty.-No salary shall be paid to any individual required under section 21a of this title to file an affidavit until such affidavit has been filed. (Dec. 11, 1926, c. 4, § 2, 44 Stat. 919.)

26. Hours of business.

This section is not operative at present.

29. Hours of labor in executive departments.

The words "Provided, That" should be inserted after the word "order" in line 7 of this section, to read as follows, "order: Provided, That the heads," etc.

35. Preference in appointments to honorably discharged soldiers, sailors, and marines, and widows and wives thereof.— [Repealed in part.]

The second sentence of this section was repealed by Act June 18, 1929, с. 28, § 21, 46 Stat. 26. The repealed sentence was derived from Act Mar. 3, 1919, c. 97, § 6, 40 Stat. 1293, saamended by Act July 11, 1919, c. 6, § 1, 41 Stat. 37. It has been reenacted by Act June 18, 1929, с. 28, § 3, 46 Stat. 21, and constitutes the third proviso in the second paragraph of section 203 of Title 13.

The first sentence was derived from the first citation. It would appear that it was superseded by the second sentence and should be omitted from the Code.

37. Diminution or increase of number of clerks.

A comma should be inserted after the words "United States" in lines 5 and 6 of this section.

40. Same; details for duty in Treasury Department.

There may be some question as to whether this section is effective as an exception to § 39 of this title in view of the fact that that section was derived from Act June 22, 1906, and not from the earlier similar provision in Act Aug. 5, 1882. Such an exception did exist, however, when the earlier provision was in force.

42. Same; persons in classified service in District for service outside District.

This section is not permanent legislation. The provision as set forth in the Statutes at Large is specifically limited to "expending appropriations made in this Act."

43. Employment of clerks and other employees; authority; place of service; delegation of authority to employ. There is authorized to be employed in each executive department, independent establishment, and the municipal government of the District of Columbia, for services in the District of Columbia or elsewhere, such number of employees of the various classes recognized by chapter 13 of this title, as may be appropriated for by Congress from year to year: Provided, That the head

to subordinates, under such regulations as he may prescribe, the power to employ such persons for duty in the field services of his department or establishment. (As amended June 26, 1930, с. 618, 46 Stat. 817.)

The amendment made necessary a new section heading.
See § 497 of this title.