Chapter 39

On that day let all our people forego their usual work and occupation, and, assembled in their accustomed places of worship, let them with one accord render thanks to the Ruler of the Universe for our preservation as a nation and our deliverance from every threatened danger, for the peace that has dwelt within our boundaries, for our defense against disease and pestilence during the year that has passed, for the plenteous rewards that have followed the labors of our husbandmen, and for all the other blessings that have been vouchsafed to us.

And let us, through the mediation of Him who has taught us how to pray, implore the forgiveness of our sins and a continuation of heavenly favor.

Let us not forget on this day of thanksgiving the poor and needy, and by deeds of charity let our offerings of praise be made more acceptable in the sight of the Lord.

Witness my hand and the seal of the United States, which I have caused to be hereto affixed.

[SEAL.]

Done at the city of Washington, this 4th day of November, A.D. 1896, and of the Independence of the United States of America the one hundred and twenty-first.

GROVER CLEVELAND.

By the President: RICHARD OLNEY, _Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas on June 21, 1890, the President of the United States by proclamation reserved certain lands in Juneau and Douglas City, Fort Wrangell and Sitka, in the Territory of Alaska, for public buildings, barracks, parade grounds, parks, wharves, coaling stations, etc., which are fully set forth and particularly described in said proclamation; and

Whereas a treaty of cession was exchanged and proclaimed on June 20, 1867, whereby the Russian Empire ceded to the United States the Territory of Alaska; and

Whereas said treaty, by Article II, provided, _inter alia_, that--

It is, however, understood and agreed that the churches which have been built in the ceded territory by the Russian Government shall remain the property of such members of the Greek Oriental Church resident in the territory as may choose to worship therein.

And whereas there were included among the lands hereinbefore referred to as reserved on June 21, 1890, certain lands in and about the town of Sitka, in said Territory of Alaska, which are claimed by the Holy Orthodox Catholic Apostolic Oriental Church, commonly styled the Greco-Russian Church, and described in the said treaty as the Greek Oriental Church:

Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the authority in me vested, do hereby declare, proclaim, and make known that the Executive order of June 21, 1890, making said reservations of lands in the Territory of Alaska, therein particularly described, is hereby modified, and said reservations are diminished so that the following property, described in Inventory B attached to and referred to in the protocol of transfer signed by the representatives of Russia and the United States on October 26, 1867, and being in and about the town of Sitka aforesaid, be excluded therefrom, to wit:

The Cathedral Church of St. Michael, built of timber, situated in the center of the city.

The Church of Resurrection, of timber, commonly called the Kalochian Church, situated near the battery number at the palisade separating the city from the Indian village.

102. A double-storied timber building for bishop house, with outbuildings, appurtenances, and grounds.

35. A timber house for church warden.

98. A timber house for the deacon.

104, 105, 114. Three timber houses, with their appurtenances and outbuildings, for lodging of priests.

F, G, H, I. Four lots of ground belonging to the parsonages.

_a_ The place commemorative of the old church.

_b_ A tomb.

Three cemeteries, two outside palisades and one by the Church of the Resurrection.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 14th day of November, in the year 1896, and of the Independence of the United States the one hundred and twenty-first.

GROVER CLEVELAND.

By the President: RICHARD OLNEY, _Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas by a proclamation of the President of the United States dated January 26, 1888,[35] upon proof then appearing satisfactory that no tonnage or light-house dues or any equivalent tax or taxes whatever were imposed upon American vessels entering the ports of the Empire of Germany, either by the Imperial Government or by the governments of the German maritime States, and that vessels belonging to the United States of America and their cargoes were not required in German ports to pay any fee or due of any kind or nature or any import due higher or other than was payable by German vessels or their cargoes in the United States, the President did thereby declare and proclaim, from and after the date of his said proclamation of January 26, 1888, the suspension of the collection of the whole of the duty of 6 cents per ton, not to exceed 30 cents per ton per annum, imposed upon vessels entered in the ports of the United States from any of the ports of the Empire of Germany by section 11 of the act of Congress approved June 19, 1886, entitled "An act to abolish certain fees for official services to American vessels and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes;" and

Whereas the President did further declare and proclaim in his proclamation of January 26, 1888, that the said suspension should continue so long as the reciprocal exemption of vessels belonging to citizens of the United States and their cargoes should be continued in the said ports of the Empire of Germany, and no longer; and

Whereas it now appears upon satisfactory proof that tonnage or lighthouse dues or a tax or taxes equivalent thereto are in fact imposed upon American vessels and their cargoes entered in German ports higher and other than those imposed upon German vessels or their cargoes entered in ports of the United States, so that said proclamation of January 26, 1888, in its operation and effect contravenes the meaning and intent of said section 11 of the act of Congress approved June 19, 1886:

Now, therefore, I, Grover Cleveland, President of the United States of America, by virtue of the aforesaid section II of the act aforesaid, as well as in pursuance of the terms of said proclamation itself, do hereby revoke my said proclamation of January 26, 1888, suspending the collection of the whole of the duty of 6 cents per ton, not to exceed 30 cents per ton per annum, which is imposed by the aforesaid section of said act upon vessels entered in the ports of the United States from any of the ports of the German Empire, this revocation of said proclamation to take effect on and after the 2d day of January, 1897.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 3d day of December, A.D. 1896, and of the Independence of the United States the one hundred and twenty-first.

GROVER CLEVELAND.

By the President: RICHARD OLNEY, _Secretary of State_.

[Footnote 35: See Vol. VIII, pp. 741-742.]

EXECUTIVE ORDERS.

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _December 2, 1895_.

Special Departmental Rule No. 1, clause 8, is hereby amended by striking from the list of places excepted from examination in the Department of Labor statistical experts and temporary experts.

Approved:

GROVER CLEVELAND.

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _December 2, 1895_.

So much of Executive orders heretofore issued under General Rule III, section 2, clause (_c_), as provides for the appointment of special agents in the Department of Labor by noncompetitive examination is hereby revoked.

Approved:

GROVER CLEVELAND.

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _January 18, 1896_.

Section 5 of Internal-Revenue Rule IV is hereby amended by adding at the end of the first paragraph thereof the following:

_And provided further_, That whenever an emergency shall arise requiring that a vacant position in any internal-revenue district shall be filled before a certificate can be issued by the Commission and an appointment made thereto in the manner provided in these rules, such position may be filled without regard to the provisions of these rules by temporary appointment for a period not to exceed fifteen days, and only for such period as may be required for the execution of the necessary details of an appointment thereto in accordance with said provisions; but no person shall receive such emergency appointment who within the sixty days next previous thereto has been separated from a position in said district to which he was temporarily appointed under the provisions of this section.

The section as amended shall read as follows:

5. In the case of the occurrence of a vacancy in the classified service of any internal-revenue collection district which the public interest requires shall be immediately filled and there is no eligible entitled to reinstatement under section 1, clause (_b_), of this rule or remaining on the proper register, such vacancy in the class of storekeeper, storekeeper and gauger, or clerk may be filled without examination and certification by a temporary designation by the collector of the district of some suitable person to perform the duties of the position until a regular appointment can be made under the provisions of sections 1, 2, and 3 of this rule: _Provided_, That service under such temporary designation shall in no case continue longer than six months, and shall expire by limitation at the end of that time: _And provided further_, That no person shall serve more than six months in any one year under such temporary designation, the year limitation in regard to such designation to begin to run on the date thereof: _And provided further_, That whenever an emergency shall arise requiring that a vacant position in any internal-revenue district shall be filled before a certificate can be issued by the Commission and an appointment made thereto in the manner provided in these rules, such position may be filled without regard to the provisions of these rules by temporary appointment for a period not to exceed fifteen days, and only for such period as may be required for the execution of the necessary details of an appointment thereto in accordance with said provisions; but no person shall receive such emergency appointment who within the sixty days next previous thereto has been separated from a position in said district to which he was temporarily appointed under the provisions of this section.

Every such temporary designation, and also the discontinuance of the same, shall be at once reported to the Commission.

Approved:

GROVER CLEVELAND.

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _January 1896_.

Section 5 of Customs Rule II is hereby amended by adding thereto the following:

(_i_) Any person appointed to a position which requires only a portion of his time and attention for the performance of its duties, pays him a compensation not exceeding $300 per annum, and permits of his pursuing other regular business or occupation, such person being conveniently located for the performance of said duties.

The section as amended shall read as follows:

5. Exceptions from examination in the classified customs service are hereby made as follows:

(_a_) Deputy collectors who do not also act as inspectors, examiners, or clerks.

(_b_) Cashier of the collector.

(_c_) Assistant cashier of the collector.

(_d_) Auditor of the collector.

(_e_) Chief acting disbursing officer.

(_f_) Deputy naval officers.

(_g_) Deputy surveyors.

(_h_) One private secretary or one confidential clerk of each nominating officer.

(_i_) Any person appointed to a position which requires only a portion of his time and attention for the performance of its duties, pays him a compensation not exceeding $300 per annum, and permits of his pursuing other regular business or occupation, such person being conveniently located for the performance of said duties.

Approved:

GROVER CLEVELAND.

CIVIL SERVICE.--EXTENSION OF THE CLASSIFIED DEPARTMENTAL AND INDIAN SERVICES.

In the exercise of the power vested in the President by the third paragraph of section 6 of the act entitled "An act to regulate and improve the civil service of the United States," approved January 16, 1883, I hereby direct the Secretary of the Interior to amend the classification of the Interior Department so as to include among the positions classified thereunder and subject to competitive examination clerk, assistant clerk, issue clerk, property clerk, storekeeper, and all other clerical positions at Indian agencies and Indian schools; likewise to amend the classification of the Indian service so as to include among the positions classified thereunder supervisor of Indian schools, day-school inspector, disciplinarian, industrial teacher, teacher of industries, kindergarten teacher, farmer, nurse, assistant matron, and seamstress.

But Indians shall be eligible to appointment to any of said positions on such test of fitness as may be required by the Secretary of the Interior and without examination or certification by the Civil Service Commission; but they shall not be transferred from said positions to the departmental service.

Approved, March 20, 1896.

GROVER CLEVELAND.

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _March 28, 1896_.

So much of the Executive orders heretofore issued under General Rule III, section 2, clause (_c_) as provides for the appointment of members of the board of pension appeals in the Department of the Interior by non-competitive examination is hereby revoked, and these places will hereafter be treated as subject to competitive examination.

Approved:

GROVER CLEVELAND.

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _March 28, 1896_.

Special Departmental Rule No. 1, clause 3, is hereby amended by striking from the list of places excepted from examination in the Department of the Interior assistant attorneys and law clerks, and these places will hereafter be treated as subject to competitive examination.

Approved:

GROVER CLEVELAND.

CIVIL-SERVICE RULES.

In the exercise of power vested in him by the Constitution and of authority given to him by the seventeen hundred and fifty-third section of the Revised Statutes and by an act to regulate and improve the civil service of the United States, approved January 16, 1883, the President hereby makes and promulgates the following rules and revokes all others:

RULE I.

1. The United States Civil Service Commission shall have authority to prescribe regulations in pursuance of and for the execution of the provisions of these rules and of the civil-service act.

2. The several terms hereinafter mentioned, wherever used in these rules or the regulations of the Commission, shall be construed as follows:

(_a_) The term "civil-service act" refers to "An act to regulate and improve the civil service of the United States," approved January 16, 1883.

(_b_) The term "classified service" refers to all that part of the executive civil service of the United States included within the provisions of the civil-service act.

(_c_) The term "grade" in connection with employees or positions refers to a group of employees or positions in the classified service arranged upon the basis of duties performed, without regard to salaries received.

(_d_) The term "class" in connection with employees or positions refers to a group of employees or positions in any grade arranged upon the basis of salaries received, in pursuance of the provisions of section 163 of the Revised Statutes and of section 6 of the civil-service act.

(_e_) The term "excepted position" refers to any position within the provisions of the civil-service act, but excepted from the requirement of competitive examination or registration for appointment thereto.

RULE II.

1. Any person in the executive civil service of the United States who shall willfully violate any of the provisions of the civil-service act or of these rules shall be dismissed from office.

2. No person in the executive civil service shall use his official authority or official influence for the purpose of interfering with an election or controlling the result thereof.

3. No person in the executive civil service shall dismiss, or cause to be dismissed, or make any attempt to procure the dismissal of, or in any manner change the official rank or compensation of, any other person therein because of his political or religious opinions or affiliations.

4. No question in any examination or form of application shall be so framed as to elicit information concerning, nor shall any inquiry be made concerning, nor any other attempt be made to ascertain, the political or religious opinions or affiliations of any applicant, competitor, or eligible; and all disclosures thereof shall be discountenanced, and no discrimination shall be exercised, threatened, or promised against or in favor of any applicant, competitor, or eligible because of his political or religious opinions or affiliations.

5. No recommendation of an applicant, competitor, or eligible involving any disclosure of his political or religious opinions or affiliations shall be received, filed, or considered by the Commission, by any board of examiners, or by any nominating or appointing officer.

6. In making removals or reductions or in imposing punishment for delinquency or misconduct penalties like in character shall be imposed for like offenses, and action thereupon shall be taken irrespective of the political or religious opinions or affiliations of the offenders.

7. A person holding a position on the date said position is classified under the civil-service act shall be entitled to all the rights and benefits possessed by persons of the same class or grade appointed upon examination under the provisions of said act.

RULE III.

1. All that part of the executive civil service of the United States which has been or may hereafter be classified under the civil-service act shall be arranged in branches as follows: The departmental service, the custom-house service, the post-office service, the Government printing service, and the internal-revenue service.

2. The departmental service shall include officers and employees as follows, except those in the service of the Government Printing Office and in the service of the several custom-houses, post-offices, and internal-revenue districts:

(_a_) All officers and employees, of whatever designation, except persons merely employed as laborers or workmen and persons who have been nominated for confirmation by the Senate, however or for whatever purpose employed, whether compensated by a fixed salary or otherwise, who are serving in or on detail from--

The several Executive Departments, the commissions, and offices in the District of Columbia.

The railway mail service.

The Indian service.

The several pension agencies.

The steamboat-inspection service.

The marine-hospital service.

The light-house service.

The life-saving service.

The several mints and assay offices.

The revenue-cutter service.

The force employed under custodians of public buildings.

The several subtreasuries.

The engineer department at large.

(_b_) All executive officers and employees outside of the District of Columbia not covered in (_a_), of whatever designation, whether compensated by a fixed salary or otherwise--

Who are serving in a clerical capacity or whose duties are in whole or in part of a clerical nature.

Who are serving in the capacity of watchman or messenger.

Who are serving in the capacity of physician, hospital steward, nurse, or whose duties are of a medical nature.

Who are serving in the capacity of draftsman, civil engineer, steam engineer, electrical engineer, computer, or fireman.

Who are in the service of the Supervising Architect's Office in the capacity of superintendent of construction, superintendent of repair, or foreman.

Who are in the service of the Treasury Department in any capacity except those in the life-saving service.

3. The custom-house service shall include the officers and employees serving in any customs district whose employees number as many as five who have been or may hereafter be classified under the civil-service act; and whenever in any customs district whose officers and employees number less than five the number of officers and employees shall be increased to as many as five the Secretary of the Treasury shall at once notify the Commission of such increase and the officers and employees in said district shall be included within the classified service from the date of said increase.

4. The post-office service shall include the officers and employees in any free-delivery post-office who have been or may hereafter be classified under the civil-service act; and whenever the free-delivery system shall be established in any post-office the Postmaster-General shall at once notify the Commission of such establishment and the officers or employees of said office shall be included within the classified service from the date of such establishment; and whenever by order of the Postmaster-General any post-office shall be consolidated with and made a part of a free-delivery post-office the Postmaster-General shall at once notify the Commission of such consolidation and from the date of said order the employees of the office thus made a part of the free-delivery office whose names appear on the roster of the Post-Office Department shall be employees of said free-delivery office, and the person holding on the date of said order the position of postmaster at the office thus made a part of said free-delivery office may be made an employee in said free-delivery office and may at the time of classification be assigned to any position therein and given any appropriate designation which the Postmaster-General may direct.

5. The Government printing service shall include the officers and employees in the Government Printing Office who have been or may hereafter be classified under the civil-service act.

6. The internal-revenue service shall include the officers and employees who have been or may hereafter be classified under the civil-service act in any internal-revenue district.

7. All officers and employees who have heretofore been classified under the civil-service act shall be considered as still classified and subject to the provisions of these rules.

8. The following-mentioned positions or employees shall not be subject to the provisions of these rules:

(_a_) Any position filled by a person whose place of private business is conveniently located for the performance of the duties of said position, or any position filled by a person remunerated in one sum both for services rendered therein and for necessary rent, fuel, and lights furnished for the performance of the duties thereof: _Provided_, That in either case the performance of the duties of said position requires only a portion of the time and attention of the occupant, paying him a compensation not exceeding, for his personal salary only, $300 per annum, and permitting of his pursuing other regular business or occupation.

(_b_) Any person in the military or naval service of the United States who is detailed for the performance of civil duties.