Executive Order 209

In the exercise of power conferred by the Constitution, by section 1753, R. S., and by the civil-service act of January 16, 1883, the President promulgates the following rules in lieu of those promulgated May 6, 1896, and the amendments thereof:

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

No question in any form of application or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant, nor shall any inquiry be made concerning such opinions or affiliations, and all disclosures thereof shall be discountenanced. No discrimination shall be exercised, threatened, or promised by any person in the executive civil service against or in favor of an applicant, eligible, or employee in the classified service because of his political or religious opinions or affiliations.

No recommendation of an applicant, eligible, or employee in the competitive service involving a disclosure of his political or religious opinions or affiliations shall be considered or filed by the Commission or by any officer concerned in making appointments or promotions. 

 The classified service shall include all officers and employees in the executive civil service of the United States, heretofore or hereafter appointed or employed, in positions now existing or hereafter to be created, of whatever function or designation, whether compensated by a fixed salary or otherwise, except persons employed merely as laborers, and persons whose appointments are subject to confirmation by the Senate; but no right of classification shall accrue to persons whose appointment or assignment to classified duties is in violation of the civil-service rules.

No person shall be appointed, employed, promoted, or transferred in the classified service, or perform the duties of any position therein, until he passes an examination in conformity with these rules, unless specially exempted thereunder.

Appointments to the excepted positions named in Schedule A of these rules may be made without examination or upon non-competitive examination; but the proper appointing officer may fill an excepted position as competitive positions are filled, in which case the person appointed will receive all the rights of a competitive employee.

A person appointed without competitive examination under section 3 of this rule shall not be assigned to the work of a competitive position without the approval of the Commission.</li>

<li>Laborers who, in connection with their usual duties, are to perform work of the grade performed by classified employees shall be appointed upon certification by the Commission from appropriate registers of eligibles in the manner provided by these rules; and a person employed merely as a laborer or workman without examination under these rules shall not be assigned to work of the grade performed by classified employees.</li>

<li>A person holding a position when it becomes classified and subject to competitive examination shall have all the rights which he would acquire if appointed thereto upon examination under these rules, except that he shall not be transferred without first passing the examination provided by the Commission; and no person who has been appointed in any post-office within three months prior to the classification thereof shall be transferred to a position of carrier within six months after such classification.</li>

<li>On the date of establishment of the free-delivery system in any post-office, these rules shall apply to its officers and employees in the same manner as they apply to those in existing free-delivery offices, and the Postmaster-General shall promptly notify the Commission of all orders for such establishment.</li>

<li>Whenever a post-office is consolidated with one which has city free-delivery, any regularly appointed officer or employee of the office discontinued, if he has actually served continuously therein during the sixty days next preceding such consolidation, or if he was appointed through competitive examination, may become a classified employee of the other office.</li>

<li>Whenever the separate office of Indian agent shall be discontinued in any agency, and its duties devolved upon the superintendent of the training school, the agent may be made a classified employee at such school or agency upon such test of fitness as may be determined upon by the Secretary of the Interior and the Commission.</li> </ol>

<ol> <li>The Commission shall prepare and hold open competitive examinations for admission to the classified service, which examinations shall be of a practical and suitable character, and shall be held at such times and places as may most nearly meet the convenience of applicants and the needs of the service.</li>

<li>Where, in its opinion, the conditions of good administration warrant, the Commission may give noncompetitive examinations to test fitness for (a) transfer, reinstatement, or promotion; (b) appointment of Indians in the Indian Service at large as superintendents, teachers, manual training teachers, kindergartners, physicians, matrons, clerks, seamstresses, farmers, and industrial teachers, which examinations shall consist of the same tests of fitness as those applied to other persons seeking appointment through competitive examinations; (c) the appointment of the wife of the superintendent of an Indian school as teacher or matron therein; (d) employment as inspector of safety appliances by the Interstate Commerce Commission. </li>

<li>All persons at navy-yards, naval stations, and at private ship-building and manufacturing establishments where work is done by contract for the Navy Department, employed as special mechanics and civilian assistant inspectors of work and material, and all persons employed under the Navy Department as draftsmen, will be subject to the regulations of the Navy Department governing the employment of labor at navy-yards. Appointments to these positions shall be made on tests of fitness prescribed in paragraphs 74 to 83, inclusive, of Navy-Yard Order No. 23, revised. </li> </ol>

<ol> <li>The Commission shall designate from among persons in the Federal service, after consulting the head of the department or office in which such persons serve, such boards of examiners as it may deem necessary. Their members shall perform such duties as the Commission may direct, in connection with the execution of the civil-service act and of these rules, and in the performance thereof they shall be under the direct and sole control of the Commission. Such duties shall be considered part of the duties of the office in which they are serving, and time shall be allowed therefor during office hours. No board shall be composed solely of adherents of one political party when other persons are available and competent to serve.</li>

<li>The Commission shall render all practicable assistance to the Philippine civil-service board, and shall conduct examinations, upon its request, under such regulations as may be jointly agreed upon.</li>

<li>Persons in the executive civil service shall facilitate the holding of examinations and other work of the Commission; and executive officers in charge of public buildings shall permit and arrange for the use of suitable rooms under their charge, and for heating, lighting, and furnishing the same.</li> </ol>

<ol> <li>No person shall be admitted to examination unless he be a citizen of or owe allegiance to the United States.</li>

<li>Application for examination must be made under oath, in such form and manner, and accompanied by such certificates, as the Commission may prescribe.</li>

<li>Persons serving under enlistment shall not be examined without the written consent of the head of the department under which they are serving.</li>

<li>The Commission may refuse to examine an applicant or to certify an eligible for any of the following reasons: (a) Dismissal from the service for delinquency or misconduct within one year next preceding the date of his application; (b) physical or mental unfitness for the position for which he applies; (c) criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct; (d) intentionally making a false statement in any material fact, or practicing any deception or fraud in securing examination, registration, certification, or appointment; (e) refusal to furnish testimony as required by Rule XIV; (f) the habitual use of intoxicating beverages to excess. Any of the last five foregoing disqualifications shall also be good cause for removal from the service.</li>

<li>The Commission may, with the approval of the proper appointing officer, change by regulation the existing age limits for entrance to the examinations under these rules; but persons preferred under section 1754, R. S., may be examined without regard to age.</li>

<li>Applicants for positions in the recognized mechanical trades must have served as apprentices or journeymen for such periods as the Commission may prescribe.</li> </ol>

<ol> <li>Examination papers shall be rated on a scale of 100, and the subjects therein shall be given such relative weights as the Commission may prescribe. Competitors shall be duly notified of their ratings.</li>

<li>All competitors rated at 70 or more shall be eligible for appointment, and their names shall be placed on the proper register according to their ratings; but the names of persons preferred under section 1754, R. S., rated at 65 or more, shall be placed above all others.</li>

<li>The term of eligibility shall be one year, beginning with the date on which the name of the eligible is entered on the register. This term may be extended, in the discretion of the Commission, for all those on any register, when the conditions of good administration render it inexpedient to hold a new examination.</li> </ol>

<ol> <li>Any position or employment in the classified service not excepted from competitive examination, unless filled by reinstatement, transfer, promotion, or reduction, shall be filled only in the following manner:


 * (a) The nominating or appointing officer shall request the certification of eligibles, and the Commission shall certify, from the register of eligibles appropriate for the group in which the position to be filled is classified, the three names at the head thereof which have not been certified three times to the department or office in which the vacancy exists. Certification for temporary appointment shall not be counted as one of such certifications. Certification shall be made without regard to sex, unless sex is specified in the request.


 * (b) The nominating or appointing officer shall make selection from the three names certified, with sole reference to merit and fitness, unless objection shall be made, and sustained by the Commission, to one or more of the persons certified, for any of the reasons stated in Rule V, section 4.


 * (c) The person selected for appointment shall be duly notified by the appointing officer, and upon accepting and reporting for duty shall receive from such officer a certificate of appointment for a probationary period of six months. If the conduct or capacity of the probationer be not satisfactory to the appointing officer the probationer shall be notified in writing that at the end of such probationary period he will not receive absolute appointment; otherwise his retention in the service shall be equivalent to his absolute appointment. A probationer separated from the service without delinquency or misconduct may be restored to the register of eligibles, in the discretion of the Commission, for the remainder of his period of eligibility. </li>

<li>Certification for appointment in the departments or independent offices at Washington shall be so made as to maintain, as nearly as the conditions of good administration will warrant, the apportionment of such appointments among the several States and Territories and the District of Columbia upon the basis of population: Provided, That appointments to the following-named positions shall not be so apportioned, viz: Plate printer, printer's assistant, skilled helper, and operative, in the Bureau of Engraving and Printing; positions in the field service of the military staff departments and at Army Headquarters, mail-bag repair shop and mail-lock repair shop, Government Printing Office, Pension Agency, and local offices in the District of Columbia; page, apprentice, student, gardener, and engraver.</li>

<li>The Commission may arrange the territory of the United States into appropriate districts for the purpose of certification to positions in parts of the service not subject to the apportionment, and certification to any such position may be confined to residents of the district in which such position is located.</li> </ol>

<ol> <li>Where an emergency requires a vacancy to be filled before an appointment can be made from certification, a request for certification shall first be made, after which such vacancy may for more than thirty days without prior approval by the Commission in writing, and in any case shall cease by limitation as soon as an appointment can be made upon certification. All be filled by an emergency appointment without examination or certification. Such emergency appointment shall not continue such emergency appointments shall be reported to the Commission as soon as made. </li>

<li>When there are fewer than three eligibles on any register, the Commission shall certify the names thereon, and if the appointing officer shall elect not to make a probational appointment therefrom, he shall select for temporary appointment the one eligible, or one of the two eligibles, unless reasons satisfactory to the Commission are given why the selection should not be so made. Such temporary appointment may continue until three eligibles are provided.</li>

<li>Where the work is temporary in character, after the completion of which the services of the employee will not be further needed, a temporary appointment may be made, with the prior consent of the Commission, for a period not to exceed three months, which period may, with the like consent, be extended for a further period of three months, but no longer. Such appointments, however, shall be made, so far as practicable, by certification from registers containing the names of eligibles who are immediately available; and the Commission may restrict such certifications for temporary appointments to eligibles living near the place where service is to be rendered.</li>

<li>The acceptance by an eligible of a temporary appointment shall not affect his standing on any register for permanent employment; nor shall his temporary service be counted as part of his probationary period.</li> </ol>

A person separated without delinquency or misconduct from a competitive position, or from a position which he entered by transfer or promotion from a competitive position, may be reinstated in the department or office in which he formerly served, upon certificate of the Commission, subject to the following limitations:


 * (a) The separation must have occurred within one year next preceding the date of the requisition of the nominating or appointing officer for such certificate; but this limitation shall not apply to a person who served in the civil war or the war with Spain and was honorably discharged, or his widow, or an army nurse of either war.


 * (b) No person may be reinstated to a position requiring an examination different from that required for the position from which he was separated, without passing an appropriate examination.

Transfers shall be governed as follows:

<ol> <li>No transfer shall be made to a competitive position above the lowest class in any grade, unless the appointing officer shall certify that the position can not be adequately filled by promotion; but the Commission may, with the approval of the head of any department, adopt regulations applicable to the service in or under such department declaring what class shall be regarded as the lowest in any grade.</li>

<li>No person appointed without competitive examination to a position classified at the time of such appointment, and no person serving in an unclassified position or in a position named in Schedule A not appointed by competitive examination or by transfer or promotion from a competitive position, shall be transferred to a competitive position.</li>

<li>Any person may be transferred to a position in which he was formerly employed, or to any position to which transfer could be made therefrom, if since his transfer he has been continuously in the executive civil service of the United States or of its insular possessions. Such transfer may be made without compliance with clauses (a), (b), (c), (d), and (e) of section 8 of this rule. </li>

<li>Physicians employed as pension examining surgeons, whether organized in boards or working individually under the direction of the Commissioner of Pensions, and carriers in the Rural Free-Delivery Service, shall not be transferred to any other positions in the classified service. </li>

<li>In the apportioned service transfers within the same department or office may be made without certificate of the Commission, subject to the rules and regulations regarding promotion, unless different tests are prescribed for original entrance to the position to which transfer is proposed.</li>

<li>In the nonapportioned service transfers within an office, among post-offices, among the different offices of the same customs district, among the military staff departments, and from the War Department to any military staff department, may be made without certificate of the Commission, and subject to the limitations prescribed in section 5 of this rule, unless otherwise provided by regulation of the Commission.</li>

<li>Operatives and other employees in the Bureau of Engraving and Printing whose duties are similar to those of operatives may be transferred without examination and certificate of the Commission to the apportioned positions of expert money counter and paper counter in the office of the Secretary of the Treasury, money-order assorter and skilled laborer acting as money-order assorter in the office of the Auditor for the Post-Office Department, and expert counter, feeder and separator in the office of the Treasurer of the United States. Employees so transferred shall not be charged to the apportionment, and such transfer shall not give them rights of promotion or transfer greater than those of the positions from which they were transferred, and they shall not be assigned to duties other than those of the positions named in this section.</li>

<li>Unless otherwise specifically provided in this rule, no person shall be transferred except on certificate of the Commission previously obtained, and subject to the following limitations:


 * (a) He must have received absolute appointment and have actually served in the classified service at least six months next preceding the transfer.


 * (b) He must be within the age limitations prescribed for examination for the position to which his transfer is proposed.


 * (c) The apportionment must be observed, unless waived by the Commission upon the certificate of the appointing officer that the transfer is required in the interests of good administration, setting forth in detail the reasons therefor.


 * (d) He must pass an appropriate examination whenever different tests are prescribed for original entrance to the position to which transfer is proposed.


 * (e) He shall not be transferred to a position in which there is not required, in the judgment of the Commission, the performance of the same class of work or the practice of the same mechanical trade required in the position from which transfer is proposed. </li>

<li>A person to be transferred from a nonapportioned to an apportioned position shall be required, previous to his transfer, to prove his residence in the same manner as for original appointment.</li>

<li>An officer or employee occupying a competitive position in the Philippine classified service, who has served three years or more therein, may be transferred to the Federal classified service, subject to the provisions of these rules.</li> </ol>

<ol> <li>Competitive tests or examinations shall, as far as practicable and useful, be established to test fitness for promotion in the classified service.</li>

<li>Until regulations to govern promotions are made, promotions may be made upon any test of fitness, not disapproved by the Commission, which may be determined upon by the promoting officer, subject to the following limitations:


 * (a) The age limitations and apportionment must be observed.


 * (b) In case of promotion to a position for which the entrance tests are different, the person to be promoted must first pass an appropriate examination before the Commission. </li>

<li>No recommendation for the promotion of a classified employee shall be considered by any officer concerned in making promotions, unless it be made by the person under whose supervision such employee has served; and such recommendation by any other person, if made with the knowledge and consent of the employee, shall be sufficient cause for debarring him from the promotion proposed, and a repetition of the offense shall be sufficient cause for removing him from the service.</li>

<li>Substitutes shall be promoted to the first vacancies occurring in regular positions in the order of their original appointment, whenever there are substitutes of the required sex who are eligible and will accept, unless such vacancies are filled by promotion, transfer, or reinstatement.</li> </ol>

<ol> <li>In making removals or reductions, and in other punishment, penalties like in character shall be imposed for like offenses. </li>

<li>No person shall be removed from a competitive position, except for such cause as will promote the efficiency of the public service, and for reasons given in writing, and the person whose removal is sought shall have notice and be furnished a copy thereof, and be allowed a reasonable time for personally answering the same in writing; but no examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer making the removal. Copy of such reasons, notice, and answer, and of the order of removal shall be made a part of the records of the proper department or office, as shall also the reasons for any change in rank or compensation, and the Commission shall upon request be furnished with copies or the originals thereof.</li>

<li>Any person in the executive civil service who shall willfully violate any of the provisions of the civil-service act or of these rules shall be removed from the service.</li> </ol>

<ol> <li>Every nominating or appointing officer in the executive civil service shall report in detail to the Commission, whenever and in such manner as it may prescribe, all changes in the service under his authority, whether they affect positions or employees that are classified, unclassified, excepted, permanent, temporary, or subject to contract.</li>

<li>Such officers shall also furnish to the Commission, when requested, a list of all the positions and employments under their authority together with the names, designations, compensations, duties, and dates of appointment or employment of all persons serving therein.</li>

<li>Reports of appointments and changes in status of mere laborers or workmen shall be accompanied by a statement setting forth specifically the kind of labor performed, in detail sufficient to enable the Commission to determine the status of each position as classified or unclassified; and a similar statement of duties performed by any employee or pertaining to any position in the executive civil service shall be furnished to the Commission on request. All essential changes of duties pertaining to persons appointed as mere laborers or workmen without examination under the civil-service rules shall be at once reported to the Commission.</li> </ol>

It shall be the duty of every officer and employee in the executive civil service, and of every applicant or eligible for a position therein, to give to the Commission, or its authorized representatives, all proper and competent information and testimony in regard to matters inquired of arising under the civil service act and rules, and to subscribe such testimony and make oath or affirmation to the same before some officer authorized by law to administer oaths.

If the Commission shall find that any person is holding a position in violation of the civil-service act or of the rules promulgated in accordance therewith, it shall, after notice to the person affected and an opportunity for explanation, certify the facts to the proper appointing officer. If such person be not dismissed within ten days thereafter it shall certify the facts to the proper disbursing and auditing officers, and such officers shall not pay or audit the salary or wages of such person thereafter accruing: Provided, That if a question of law respecting the power to appoint or employ is raised in any such case, the President or the head of a department may obtain the opinion of the Attorney-General thereon.

<ol> <li>The Commission shall have authority to make regulations for the execution of these rules.</li>

<li>No modification of the existing regulations in the Navy Department governing the employment of labor at navy-yards shall be made without the approval of the Commission.</li> </ol>

Approved, to take effect on and after April 15, 1903.

, March 20, 1903.

No office or position shall be deemed excepted unless it is specifically named herein. Not more than one position shall he treated as excepted under the title of any such position unless a different number be indicated.

<ol> <li>Two private secretaries or confidential clerks to the head of each of the Executive Departments and one to each assistant head.</li> <li>One private secretary or confidential clerk to each of the heads of bureaus appointed by the President and confirmed by the Senate in the Executive Departments, if authorized by law.</li> <li>All persons appointed by the President without confirmation by the Senate.</li> <li>Attorneys, assistant attorneys, and special assistant attorneys.</li> <li>Chinese and Japanese interpreters.</li> <li>Any person receiving not more than $300 per annum compensation for his personal salary who may lawfully perform his official duties in connection with his private business, such duties requiring only a portion of his time. </li> <li>Any person employed in a foreign country under the State Department, or temporarily employed in a confidential capacity in a foreign country under any department or office.</li> <li>Any position the duties of which are of a quasi military or quasi naval character, and for the performance of which duties a person is enlisted for a term of years; also positions in the Revenue-Cutter Service, where the persons enlist for the season of navigation only.</li> <li>All positions in Alaska which can not be filled from appropriate existing registers.</li> <li>A person serving under temporary appointment continuously since May 29, 1899, may be permanently appointed, in the discretion of the appointing officer.</li> <li>A person holding an excepted position, which he entered prior to November 2, 1894, and in which he has since served continuously, may, subject to the other conditions and provisions of these rules, be transferred to a competitive position.</li> </ol>

<ol> <li>One cashier in each customs district, if authorized by the Secretary of the Treasury.</li> <li>One chief or principal deputy or assistant collector at each customs port, and at the port of New York not exceeding one solicitor to the collector, if authorized by the Secretary of the Treasury; and not exceeding one principal deputy collector of customs at each subport or station.</li> <li>One deputy naval officer and one deputy surveyor at each customs port where such officers are authorized by law.</li> <li>One confidential clerk, if authorized by the Secretary of the Treasury, to each of the following officers:


 * The collector of each customs district where the receipts for the last preceding fiscal year amounted to as much as $500,000.
 * The appraisers at the ports of Boston, New York, and Philadelphia.</li>

<li>One counsel before the Board of United States General Appraisers.</li> <li>One paymaster in the New York customs district. </li> <li>All deputy collectors of internal revenue who are borne on the rolls as such, and the allowance for whose salaries is approved by the Secretary of the Treasury: Provided, That no position designated as a clerkship under a collector of internal revenue, appointment to which is made by the Secretary of the Treasury, shall be discontinued for the purpose of substituting a deputy collectorship therefor, or for any purpose other than a bona fide reduction of force, and that before such reduction shall be made the reasons therefor shall be given in writing by the collector of the district, and shall be approved by the Commissioner of Internal Revenue and the Secretary of the Treasury.</li> <li>Storekeepers and gaugers whose compensation does not exceed $3 per day when actually employed and whose aggregate compensation shall not exceed $500 per annum.</li> <li>One chief clerk in each mint or assay office, who is authorized by law to act for the superintendent or assayer in charge during his absence or disability. </li> <li>One private secretary or confidential clerk to the superintendent, one cashier, one deposit weigh clerk, one assistant coiner, one assistant melter and refiner, and one assistant assayer, in each mint or assay office.</li> <li>Any local physician employed for temporary duty as acting assistant surgeon in the Public Health and Marine-Hospital Service. </li> <li>Any person employed in the Public Health and Marine-Hospital Service as quarantine attendant at the Gulf, South Atlantic, Mullet Key, Reedy Island, Cape Charles, Columbia River, or San Francisco quarantine; and any person employed as quarantine attendant, or acting assistant surgeon, or sanitary inspector, on quarantine vessels, or in camps or stations established for quarantine purposes during epidemics of contagious diseases, for temporary duty in the United States or elsewhere in preventing the introduction or spread of contagious or infectious diseases. </li> </ol>

<ol> <li>All paymasters' clerks actually on duty with paymasters.</li> <li>All cable engineers. </li> <li>All telegraph operators, telegraph linemen, and cable seamen, receiving a monthly compensation of $60 or less, serving on military telegraph systems or at military stations, and who perform their duties in connection with their private business or with other employment, such duties requiring only a portion of their time. Appointment to such positions shall be subject to noncompetitive examination as to practical skill in the work required therein, by a signal officer or acting signal officer, whose certificate as to the professional fitness of the appointee shall be forwarded to the Secretary of War, and a duplicate thereof to the Civil Service Commission.</li> <li>All persons in the army transport service. </li> </ol>

<ol> <li>Wardens, chaplains, and physicians in the United States penitentiaries or prisons.</li> <li>One clerk to each United States district attorney.</li> <li>Examiners.</li> <li>Any person employed as office or field deputy in the office of a United States marshal. </li> <li>All positions and employments deemed by the Attorney-General to be legal or confidential in their character, and which relate to temporary service or which grow out of appropriation acts committing to the Attorney-General the execution of some purpose of the law and the expenditure of the funds therefor, but not creating specific positions.</li> </ol>

<ol> <li>The Assistant Attorney-General for the Post-Office Department.</li> <li>One private secretary or confidential clerk to the Assistant Attorney-General.</li> <li>One private secretary or confidential clerk to the postmaster, if authorized by the Postmaster-General, at each post-office where the receipts of the last preceding fiscal year amounted to as much as $350,000. </li> <li>All employees on star routes and in post-offices having no free-delivery service. </li> <li>One assistant postmaster or the chief assistant to the postmaster, of whatever designation, at each post-office. </li> <li>One auditor at the post-office in New York City.</li> <li>One finance clerk, if authorized by law and regularly and actually assigned to act as auditor, at each post-office where the receipts for the last preceding fiscal year amounted to as much as $350,000.</li> <li>One cashier or finance clerk at each first-class post-office.</li> <li>One cashier and one finance clerk at each post-office where the receipts for the last preceding fiscal year amounted to as much as $500,000.</li> <li>One cashier and two finance clerks at each post-office where the receipts for the last preceding fiscal year amounted to as much as $1,000,000.</li> <li>One cashier and three finance clerks at each post-office where the receipts for the last preceding fiscal year amounted to as much as $2,000,000.</li> <li>One clerk, who shall be a regular physician, at each first-class post-office, when authorized by the Postmaster-General, to examine applicants for sick leave, and also to act as a general utility clerk.</li> </ol>

<ol> <li>The superintendent of the Hot Springs Reservation.</li> <li>One special land inspector and four special inspectors. </li> <li>Inspectors of coal mines in the Territories.</li> <li>Special agents employed, as necessity for their employment may arise, for the purpose of protecting public lands.</li> <li>Inspectors of surveyors-general and district land offices.</li> <li>Temporary clerks employed in the United States local land offices to reduce testimony to writing in contest cases, not paid from Government funds.</li> <li>Indians employed in the Indian Service at large, except those employed as superintendents, teachers, manual training teachers, kindergartners, physicians, matrons, clerks, seamstresses, farmers, and industrial teachers.</li> <li>Special commissioners to negotiate with Indians, as the necessity for their employment may arise.</li> <li>One financial clerk at each Indian agency to act as agent during the absence or disability of the agent.</li> <li>Physicians employed by contract at Indian schools and receiving not more than $720 per annum salary, who may lawfully perform their official duties in connection with their private practice; each employment, however, to be subject to the approval of the Commission.</li> <li>All physicians employed as pension examining surgeons, whether organized in boards or working individually under the direction of the Commissioner of Pensions. This paragraph shall not include medical examiners in the Pension Office.</li> <li>Five special pension examiners to investigate fraudulent and other pension claims of a criminal nature.</li> <li>One clerk at each pension agency to act for the agent during his absence or disability.</li> </ol>

<ol> <li>Agents, experts, and student assistants for temporary duty employed in making investigations and furnishing information for the Department, as provided by law or under the direction of the head of the Department, which agents, experts, and student assistants shall be borne on the rolls as such and be actually engaged in the duties for which they were appointed, and whose payment has been authorized by law, provided that the salary of such student assistants shall not exceed a rate of $300 per annum each while employed. </li> <li>One statistical agent in each State and Territory where authorized by law.</li> </ol>