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Show DETAILED (Repeal INFORMA!fION RELATIVE TO of Section B of ITEM 1 16 of the Revised Statutes - ACTION ITEMS of the United States) Section 165 U. S. Revised Statutes has been incorporated into Title 5, Section 33 It reads U. S. Code (Executive Departments and Government Officers and Employees). follows:' as "Women may, be in appointed the discretion of the head of any department, any of the c1erkships therein authorized by same, requis ites and conditions,' and' wi th .the same to law, upon the compensation as are prescribed :!=or men." Section 165 RS 230, at p.250, was derived which from Sect Lon 2 of the act provided of follows: as July 12, 1870, 16 Statute "And be it further enacted, That the heads of the several departments are hereby authorized to appoint female clerks, who may be found to be competent and worthy, to any of the grades of clerkships known to the law, in the respective departments, with to which they may the compensation belonging to the class appointeQ, but the number of first, second, third, and fouth class clerks shall not be increased by this section." be September 17, 1934, Attorney General Homer Cummings rendeed (1934» on a proposed amendment of Section l(a) of Civil reading: On A.G.77 "Certifications shall be made without regard sex is £.Y' !h specified in the .Q0!!!ffiisi£n" r eques t , to sex op1n10n (39 Op. Service Rule VII, an unless !!nE. !h !.e.9.us! p.Er£vd The Attorney General's Opinion stated that by RS 165 (5 U.S.Code 33) the Congress in appointing officers certain discretionary authority. The President without ,is authority to transfer that d i sc ret Lon to the Civil Service Commission, has vested therefore the words so "n.£ !h !.e.9.us! is_a.Ep!.oe.£ E.y_t!!e_C£l11!!!isiO!!" must be deleted that the sentence will read: : "Certifications shall be made without regard sex is specified in the request." to sex unless |