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Mr. BROWNLOW. They applied for a refund and it was not an erroneous collection under the law, so that the only relief that can come to these men who paid more personal taxes than the value of their property as ascertained by the authority charged with that duty. is through an act of Congress.

The CHAIRMAN. May they not have differed with the Utilities Commission as to the value of these vehicles?.

Mr. BROWNLOW. They submitted their cases to the Utilities Commission, and while they made a higher claim for some other property they did not in the case of the vehicles, and when the valuation was, determined they did not appeal the case, but accepted the judgment of the commission.

JUDGMENTS AGAINST THE DISTRICT OF COLUMBIA.

The CHAIRMAN. For judgments against the District of Columbia, $10,476.85.

Mr. BROWNLOW. The first one is a $9,000 judgment to Laura May' Burke, administratrix of the estate of Walter L. Burke, deceased, with interest from May 26, 1916. Burke was killed by falling from an automobile running along Twelfth Street NE. He was sitting upon the tool box in the car, with his feet hanging over the side, and was jolted off by the machine running over a shallow trench, falling on his head and sustaining a circular fracture of the skull. In the first trial Judge Barnard directed a verdict for the defendant, but this action was reversed by the Court of Appeals, and on a second trial the jury awarded the plaintiff $9,000, which was affirmed on appeal. This is a final judgment. The judgment is $9,000 and the costs amounts to $140.70. The next is a judgment for $50 for certain material in a porch owned by the plaintiff which was removed by the contractor who cleared the buildings from Willow Tree Alley under instructions from the District of Columbia and without notice to or permission from the owner. The next case is a judgment obtained by Mary A. Sullivan for $1,250 for personal injury. In this case the plaintiff was injured by stepping into a hole in the sidewalk on Florida Avenue near Seventh Street NW. This is also a final judgment.

MONDAY, July 16, 1917.

WAR DEPARTMENT.

STATEMENT OF MR. JOHN C. SCOFIELD, ASSISTANT AND CHIEF CLERK.

TEMPORARY EMPLOYEES.

The CHAIRMAN. A request has been submitted for $3.726.432 for additional employees in addition to the $900,000 already given? Mr. SCOFIELD. Yes, sir.

The CHAIRMAN. Is this based upon estimates submitted by the various bureaus?

Mr. SCOFIELD. Yes, sir.

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The CHAIRMAN. Did those estimates disclose how many promo

tions were contemplated?

"Mr. SCOFIELD. It did not disclose any.

The CHAIRMAN. But a great many were contemplated?

Mr. SCOFIELD. That I do not know.

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...The CHAIRMAN. We have just ascertained that in the Inspector General's Office their estimate contemplates the promotion of every regular employee in the office.

Mr. SCOFIELD. I do not see how that could be.

The CHAIRMAN. It is so, just the same.

Mr. SCOFIELD. That would not be allowed under the rule which the Secretary has adopted.

The CHAIRMAN. I am not so sure about that. The estimates that were submitted did not show what particular employees were to be increased in compensation?

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Mr. SCOFIELD. No, sir.

The CHAIRMAN. How can we get that information?

Mr. SCOFIELD. By asking them.

The CHAIRMAN. By asking the chiefs of the bureaus?

- Mr. SCOFIELD. Yes, sir.

Mr. SHERLEY. The estimate does show the number of new places and the salaries at which they are to be filled?

Mr. SCOFIELD. Yes, sir. So many people were required. For instance. The Adjutant General estimated that he would want 550 additional employees, at a cost of $575,000.

Mr. SHERLEY. Did he detail that more than your statement?
Mr. SCOFIELD. I think not.

The CHAIRMAN. Then nobody in the department has checked up or passed upon the estimates of the heads of the different bureaus? Mr. SCOFIELD. Except that they have taken the estimates which the bureaus submitted.

OFFICE OF THE SECRETARY, ADDITIONAL EMPLOYEES,

The CHAIRMAN. The first office is the Secretary's office. What additional employees are requested there?

Mr. SCOFIELD. One hundred and ten additional employees at $133.000.

The CHAIRMAN. Have you the details?

Mr. SCOFIELD. I have not them here. That is practically at $1,000 ̊

each.

The CHAIRMAN. That will not help us.

Mr. SCOFIELD. You want the details?

The CHAIRMAN. Unless we simply do what the department asks. Mr. SCOFIELD. I can send you the details.

The CHAIRMAN. I know, but we should like to ask some questions. Mr. SCOFIELD. I will send you a list.

The CHAIRMAN. Unless we simply appropriate what the department asks, we need some information. If your statements are prepared, we want them. Mr. Scofield, will you prepare a statement showing by bureaus and offices the number and grade of employees, and the rate of pay under the $900,000 emergency appropriation, and also under this new proposal?

Mr. SCOFIELD. Yes.

The CHAIRMAN. And we will also put into the record this order of the Secretary.

(The paper referred to follows:)

The increase of the clerical force creates a need for a larger number of supervisory positions. It is manifestly in the interest of good administration to fill such positions by the appointment of employees experienced in the work of the department and qualified to train new appointees appointed through the civil service rather than to bring in from the outside persons entirely unfamiliar with departmental methods and the work of the bureau or office to which they are assigned. It appears from the opinion of the Acting Judge Advocate General that there are no legal objections to making appointments as proposed with consequent promotion. Accordingly, I authorize the appointment on the emergency roll by transfer from the regular roll or from other departments at an increase not to exceed $200 per annum and not in excess of 10 per cent of the number of additional employees of the several classes appointed on the emergency roll in the bureau or office concerned: Provided further, That no such appointments with a consequent promotion shall be made except in cases where such appointment involves the performance of duties of a higher grade or essentially different duties from those heretofore performed, and no transfer from the Field Service of the War Department or from another executive department involving an increase of salary shall be be made except upon certification of the bureau chief that the position can not be adequately filled by promotion in his own office. All such transfers will, of course, be subject to the law providing that lump-sum appropriations shall not be available for the payment of personal services at a rate of compensation in excess of that paid for the same or similar services during the preceding fiscal year; and such transfers and appointments shall aslo be subject to any other restrictions of law applicable to the case.

Statement showing the numbers and grades of salaries involved in the War Department's estimate of $3,727,432, to provide up to June 30, 1918, for the "additional" force now appointed and expected to be appointed by Dec. 31, 1917.

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NOTE. It will be observed that the Surgeon General and the Chief Signal Officer now report that the number of employees, as above shown for their respective bureaus, will have to be materially increased. (See reports of these bureau chiefs attached hereto.

$4,627,432 900,000

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Statement showing the number of employees appointed on the “Additional roll ($900,000 emergency appropriation), to and including July 16, 1917. This statement includes those actually on duty and those for whom appointments have been made and who are in course of reporting for duty.

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The per annum cost of the 2,201 employees shown above is $2,209,730, which is at an average per annum rate of $1,004, approximately.

The amount appropriated in the legislative, executive, and judicial act for the "regular" force is $2,081,330, which is at an average per annum rate of $1,265, approximately.

Memorandum for the assistant and chief clerk:

JULY 19, 1917.

In connection with the estimate as to the cost up to June 30, 1918, for the additional force in the bureaus of the War Department, I have to state that the figures for the office of the Secretary of War included in the above-mentioned cost were 110 employees at a cost of $113,900.

These figures were a rough estimate and the $113,900 was estimated on the basis of carrying 110 employees at the average per annum salary of $1,150 on an average period of time of 10 months.

W. D. SEARLE, Appointment Clerk.

Memorandum for the Secretary of War:

The estimate of this office of June 12, 1917, for $575,000 for additional employees to and including June 30, 1918, was based on 550 clerks at $1,000 per

annum.

JULY 18, 1917.

H. P. MCCAIN,
The Adjutant General.

JULY 17, 1917.

Memorandum for the Assistant and Chief Clerk, War Department: In reply to your memorandum of this date asking for a statement of the number of employees of each grade of salary which constituted the basis of estimate of this oflice of June 12, 1917, attention is invited to the remarks in this office's memorandum of June 12 above referred to, which shows the grade of clerks to be as follows:

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