require for the performance of the duties imposed on it by law, and shall give such representatives access to all records and papers that may be needed for that purpose. Id.

40i. Same-Investigate classification, salary, and efficiency of employees of executive departments, etc.-The Bureau of Efficiency shall investigate the classification, salary, and efficiency of the employees of the departments and independent establishments of the Government in the District of Columbia, and report fully or partially to Congress by January first, nineteen hundred and eighteen, as to needed equalization or reclassification, and if a partial report be submitted then a full report shall be submitted as soon thereafter as possible, with such recommendations as the bureau may deem proper. Id.

40j. Same-Investigate and report upon duplication of service in executive departments, etc.-The Bureau of Efficiency shall investigate duplication of service in the various executive departments and establishments of the Government, including bureaus and divisions, and make a report to the President thereon, and the President is hereby authorized, after such report shall have been made to him, wherever he finds such duplications to exist to abolish the same. Report of the action taken hereunder shall be made to Congress at its next regular session. Sec. 8, id., 1122.

44a. Increased compensation at rate of ten and five per centum to employees of certain grades. To provide, during the fiscal year nineteen hundred and eighteen, for increased compensation at the rate of ten per centum per annum to employees who receive salaries at a rate per annum less than $1,200, and for increased compensation at the rate of five per centum per annum to employees who receive salaries at a rate not more than $1,800 per annum and not less than $1,200 per annum, so much as may be necessary is appropriated.1 (Sec. 7, id., 1121.)

44b. Same-Application of; detailed reports to Congress.-This section shall only apply to the employees who are appropriated for in this Act specifically and under lump sums or whose employment is authorized herein: Provided further, That detailed reports shall be submitted to Congress on the first day of the next session showing the number of persons, the grades or character of positions, the

1With reference to the provisions in the various annual appropriation acts for the fiscal years 1918 for 5 and 10 per cent increases in compensation of civilian employees.

Held, That persons employed by the Government from day to day, or to do a particular job, or whose compensation is not fixed by law or regulation, but by agreement at the time when the services are engaged, are not entitled to the percentage increases of compensation under the statutes referred to, such prsons not being employees of the United States within the meaning of such statutes.

(Comp. Treas., June 28, 1917, War Dept. Bul. 49, Aug. 22, 1917.)

original rates of compensation, and the increased rates of compensation provided for herein. Id.

44c. Same-Increase only applies to employees of Military Establishment on rolls at close of preceding year.-During the fiscal year nineteen hundred and eighteen, all civilian employees in the Military Establishment, including on the lump-sum rolls only those persons who are carried thereon at the close of the fiscal year ending June thirtieth, nineteen hundred and seventeen, shall receive increased compensation at the rate of 10 per centum per annum to such employees who receive salaries or wages in such establishment at a rate per annum of less than $1,200, and increased compensation at a rate of five per centum per annum to such employees who receive salaries or wages in such establishment at a rate of not more than $1,800 per annum and not less than $1,200 per annum: And provided further, That so much as may be necessary for this purpose is hereby appropriated out of any moneys in the Treasury not otherwise appropriated. Act of May 12, 1917 (40 Stat., 74).

44d. Temporary employment of additional force; report to Congress as to number, designation, and compensation.-For the temporary employment of such additional force of clerks and other employees as in the judgment of the Secretary of War may be proper

'The question was presented whether Army field clerks and fields clerks, Quartermaster Corps, are entitled to the benefits of the provision in the Army appropriation act, approved May 12, 1917, for 5 and 10 per cent increases in the compensation of "all civilian employees in the Military Establishment."

Held, that Army field clerks and field clerks, Quartermaster Corps, not being regarded as civilian employees, they are not entitled to the benefits of the statute mentioned.

(Comp. Treas., June 14 and 27, 1917. War Dept. Bul. 49, Aug. 22, 1917.) The following question was presented for decision:

"A civilian employee being in the service prior to June 30, 1917, in the capacity of laborer is dropped on July 5, 1917, as such, and reemployed on July 6 as packer. Is he entitled to the 10 per cent increase in pay under the act making appropriations for the support of the Army for the fiscal year ending June 30, 1918, and for other purposes, and upon what is it based?”

Held, that if the employee in question is a civilian employee in the Military Establishment and was borne on a lump-sum roll on June 30, 1917, he is entitled to the percentage increase, on his compensation as packer, provided the position or rating of packer existed or was recognized at the close of the fiscal year 1917 and the rate of compensation thereof does not exceed $1,800 per annum or $5 per day; but if the position or rating of packer is a newly established one not recognized during the fiscal year 1917, the employee receiving such rating is entitled only to the compensation fixed therefor without any percentage increase.

(Comp. Treas., Aug. 7, 1917. War Dept. Bul. 54, Sept. 26, 1917.)

Certain employees of the Military Establishment who were in the service June 30, 1917, and borne on lump-sum rolls were thereafter promoted to other positions in the military service also payable from lump-sum appropriations. As to whether they were entitled to the percentage increases provided for in the Army appropriation act approved May 12, 1917, on the salaries of the positions to which they were promoted.

Held, that if the positions or rating to which they were promoted existed or were recognzed in the Military Establishment at the close of the fiscal year 1917, such employees were entitled to the percentage increases.

(Comp. Treas., Aug. 27, 1917. Id.)

and necessary to the prompt, efficient, and accurate dispatch of official business in the War Department and its bureaus, to be allotted by the Secretary of War to such bureaus and offices as the exigencies of the existing situation may demand, $900,000: Provided, That the Secretary of War shall submit to Congress on the first day of its next regular session a statement showing by bureaus or offices the number and designation of the persons employed hereunder and the annual rate of compensation paid to each. Act of June 15, 1917 (40 Stat. 184).

(See paragraphs 28a-28c, ante.)

44e. Appropriations available during fiscal years 1917 and 1918.The appropriations contained in this act,1 unless otherwise specified herein, shall be available during the fiscal years nineteen hundred and seventeen and nineteen hundred and eighteen. Sec. 2, Id., 217.

44f. Appropriations available for paying obligations incurred prior to passage of Act.-The appropriations contained herein shall be available for the payment of obligations on account of the existing emergency incurred prior to the passage of this Act and which are properly chargeable to such appropriations. Sec. 3, Id.

44g. Annual report to Congress of expenditures under Act.-In addition to the reports now required by law, the Secretaries of the Treasury, War, and Navy shall each on the first Monday in December, nineteen hundred and seventeen, and annually thereafter, transmit to the Congress a detailed statement of all expenditures under this Act.1

Sec. 5, Id.

44h. Rules for division of time and computing pay of Government employees. Hereafter, where the compensation of any person in the service of the United States is annual or monthly, the following rules for division of time and computation of pay for services rendered are hereby established: Annual compensation shall be divided into twelve equal installments, one of which shall be the pay for each calendar month; and in making payments for a fractional part of a month one-thirtieth of one of such installments, or of a monthly compensation, shall be the daily rate of pay. For the purpose of computing such compensation and for computing time for services rendered during a fractional part of a month in connection with annual or monthly compensation, each and every month shall be held to consist of thirty days, without regard to the actual number of days in any calendar month, thus excluding the thirty-first of any calendar month from the computation and treating February as

'Act making appropriations to supply urgent deficiencies in appropriations for the Military and Naval Establishments.

if it actually had thirty days. Any person entering the service of the United States during a thirty-one day month and serving until the end thereof shall be entitled to pay for that month from the date of entry to the thirtieth day of said month, both days inclusive; and any person entering said service during the month of February and serving until the end thereof shall be entitled to one month's pay, less as many thirtieths thereof as there were days elapsed prior to date of entry: Provided, That for one day's unauthorized absence on the thirty-first day of any calendar month one day's pay shall be forfeited. Sec. 6, Act of June 30, 1906 (34 Stat., 763).

(See paragraph 626, ante, for rules for division of time and computation of pay of enlisted men.)

44i. Increased compensation to piecework and per diem employees, computation of.-In determining the right of employees to increased compensation as heretofore authorized by law at rates of five and ten per centum per annum for the fiscal year nineteen hundred and eighteen, such employees as are employed on piecework, by the hour, or at per diem rates, shall be entitled to receive, from July first, nineteen hundred and seventeen, to June thirtieth, nineteen hundred and eighteen, inclusive, the increased compensation at the rate of ten per centum when the fixed rate of compensation at the regular working hours and on the basis of three hundred and twelve days in said year would amount to less than $1,200, and at the rate of five per centum when not less than $1,200 and not more than $1,800: Provided, That this method of computation shall not apply to any per diem employees regularly paid a per diem for every day in the year.1 Sec. 8, Act of Oct. 6, 1917 (40 Stat. 384).

COMPENSATION FOR INJURIES TO FEDERAL EMPLOYEES.

66a. No compensation for injuries from certain causes.-The United States shall pay compensation as hereinafter specified for the disability or death of an employee resulting from a personal injury sustained while in the performance of his duty, but no compensation shall be paid if the injury or death is caused by the willful misconduct of the employee or by the employee's intention to bring about the injury or death of himself or of another, or if intoxication of the

1

This method of computation overrules the decision of the Comptroller of the Treasury dated May 28, 1917, published in War Department Bulletin 42, July

19. 1917.

2

Civilian employees of the War Department injured while in line of duty are cutitled to compensation under the United States Employees' Compensation Act September 7, 1916 (39 Stat. 742). This Act is administered by the United States Employees' Compensation Commission under the Department of Labor and application should be made to this Commission for any information pertaining to the general provisions and operations of the Act. (Dig. Opins, J. A. G., February, 1918.)

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injured employee is the proximate cause of the injury or death. Sec. 1, act of Sept. 7, 1916 (39 Stat. 742).

66b. No compensation during first three days of disability.-During the first three days of disability the employee shall not be entitled to compensation except as provided in section nine. No compensation shall at any time be paid for such period. Sec. 2, id. 743.

66c. Compensation for total disability.-If the disability is total the United States shall pay to the disabled employee during such disability a monthly compensation equal to sixty-six and two-thirds per centum of his monthly pay, except as hereinafter provided. Sec. 3, id.

66d. Compensation for partial disability.-If the disability is partial the United States shall pay to the disabled employee during such disability a monthly compensation equal to sixty-six and two-thirds per centum of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of such partial disability. The commission may, from time to time, require a partially disabled employee to make an affidavit as to the wages which he is then receiving. In such affidavit the employee shall include a statement of the value of housing, board, lodging, and other advantages which are received from the employer as a part of his remuneration and which can be estimated in money. If the employee, when required, fails to make such affidavit, he shall not be entitled to any compensation while such failure continues, and the period of such failure shall be deducted from the period during which compensation is payable to him. Sec 4, id.

66e. Same Compensation ceases on refusal to perform suitable work. If a partially disabled employee refuses to seek suitable work or refuses or neglects to work after suitable work is offered to, procured by, or secured for him, he shall not be entitled to any compensation. Sec. 5, id.

66f. Maximum and minimum compensation for total disability, and maximum compensation for partial disability.-The monthly compensation for total disability shall not be more than $66.67 nor less than $33.33, unless the employee's monthly pay is less than $33.33, in which case his monthly compensation shall be the full amount of his monthly pay. The monthly compensation for partial disability shall not be more than $66.67. In the case of persons who at the time of the injury were minors or employed in a learner's capacity and who were not physically or mentally defective, the commission shall, on any review after the time when the monthly wage-earning capacity of such persons would probably, but for the injury, have increased, award compensation based on such probable monthly wage-earning capacity. The commission may, on any review after the time when the monthly wage-earning capacity of the disabled employee would probably, irrespective of the injury, have decreased