Evening star., 1903-07-27
III
executive departments -df-any there be)
were intended to be excluded
Inclined to me,Eonusstructiou.. rs

"And Congress was esidehtly inclined to
this same construction of the law when II
| came to creating the Depart tment of Agri-
culture and the Depart1Me of Commerce
and Labor Those depaftments. of course
were not in existence 1874 when this
law was re-enacted in HsI.revised form
and If nothing appearea'in the acts Great
ing such new executive departments. max
ing the provisions of title Nv of the Re-
vised Statutes applicaba thHreto, such de-
partments not being expressly named along
with the other executive departments emu
merated in section 15s Of the Revised Stat
utes on the principle tabete enunciated.
would have been excluded. :,
Congress recognized Such fact, and in
creating the Department Of Agriculture
and the Department OF Commerce and
Labor, provided in express terms that the
provisions Of title " of the Revised Stat
utes, which includes the law here under
discussion, should apply to these new
executive departments The language OF
the acts of Congress making such pro-
vision, is as follows:
Section one hundred and llfty-eight OF
the Revised Statutes is hereby amended to
include such department. and the provisions
of title four of the Revised Statutes, includ
ing all amendments thereto, are hereby
made applicable, to said. department. (Act
of February 8. 1889, % stats: 659), (Act of
February IA. 1903. 81 stats. $3.50.
Hard to Avoid Conclusion.
cit is difficult. therefore. to avoid the
conclusion that title " Of the Revised
Statutes is limited in its application to
those executive departments of the gov
ernment which are expressly named there
in and the Department of Agriculture and
the Department of Commerce and Labor.
which were subsequently included under
said title, and that the word department,
where the same appears In section 100 of
the Revised Statutes, has reference solely
to one of said executive departments of the
government.
at is also a significant fact in this
connection that Congress in creating the
civil service commission by the act of
January 16. 1888, failed to insert any pro-
visions making title ~ of the Revised
Statutes applicable to the officers, clerks
or employees of said commission. And 1t
may be observed that there several
other bureaus or departments of the gov
ernment directly responsible to the Presi-
dent to which the provisions of title "
have not been made applicable by law
The civil service commission is required
by the act creating it to make its report
directly to the President. and l have been
unable to discover any provision of law
which requires said commission. or its
| officers. clerks or employees to report to any
of the executive departments enumerated
In title " and the laws anendatory there
Of or which places the civil service com
mission. or its officers. clerks or employees
in any manner whatsoever under the con-
troll. supervision or direction of any of
said executive departments.
Not Applicable.
Il therefore, hold that the inhibitions
contained in section 100 of the revised
statutes. respecting the prosecution OF
claims against the United States are not
applicable to the United States civil ser
vice commission for the reason that said
commission is not comprehended within the
term department as used and understood
in said section; and that Mr.. A. r. Serven
who was formerly chief examiner of the
United States civil service commission
if otherwise qualified. is, entitled to be en-
of said claims against the United States
before the Treasury Department, unaffected
by the provisions contained in section 100
of the Revised Statutes
(SigneD Respectfully. =:
HENRY M HOYT.
Acting Attorney General"