ssal from service, an
officer or employe of the government who requires or requests any
workingman in a navy-yard to contribute or pay any money for political
purposes (id., sect. 1546); and that passed in 1868, prohibiting members
of Congress from being interested in contracts with the United States
(id., sect. 3739); and another, passed in 1870, which provides that no
officer, clerk, or employe in the government of the United States shall
solicit contributions from other officers, clerks, or employes for a
gift to those in a superior official position, and that no officials or
[clerical superiors shall receive any gift or] present as a contribution
to them from persons in government employ getting a less salary than
themselves, and that no officer or clerk shall make a donation as a gift
or present to any official superior (id., sect. 1784). Many others of a
kindred character might be referred to, but these are enough to show
what has been the practice in the Legislative Department of the
Government from its organization, and, so far as we know, this is the
first time the constitutionality of such legislation has ever been
presented for judicial determination." Ibid. 372-373.

[287] 5 U.S.C. Sec. 631-642.

[288] 54 Stat. 767, 771 (1940).

[289] 330 U.S. 75 (1947).

[290] 18 U.S.C. 611.

[291] _See_ Bills Listed in Index to Digest of Public General Bills,
79th Cong., 2d sess.

[292] 12 Fed Reg. 1935.

[293] Shoemaker _v._ Unite States, 147 U.S. 282, 301 (1893).

[294] United States _v._ Germaine, 99 U.S. 508 (1879) is the leading
case. For further citations _see_ Auffmordt _v._ Hedden, 137 U.S. 310,
327 (1890). The Court will, nevertheless, be astute to ascribe to a head
of department an appointment made by an inferior of such head. Nishimura
Ekiu _v._ United States, 142 U.S. 651, 663 (1892). For the view that
there is an intrinsic difference between a "public office" and a "public
employment" _see_ Mechem, Public Officers, pp. 3-5.

[295] Ex parte Hennen, 13 Pet. 230, 257-258 (1839); United States _v._
Germaine, 99 U.S. 508, 509 (1879). The statement on the point is in both
instances obiter.

[296] Ex parte Siebold, 100 U.S. 371, 397 (1880).

[297] "They [the clauses of the Constitution] seem to contemplate three
distinct operations: 1st. The nomination. This is the sole act of the
President, and is completely voluntary. 2d. The appointment. This is
also the act of the President, and is also a voluntary