The following provisions of the act of August 8, 1946, c. 911, 60 Stat. 944, are applicable:

"In order to promote safety and efficiency in air navigation to the highest possible degree, the Chief of the Weather Bureau, under the direction of the Secretary of Commerce, shall, in addition to any other functions or duties pertaining to weather information for other purposes * (4)

establish and coordinate the international exchanges of meteorological information required for the safety and efficiency of air navigation; (5) participate in the development of an international basic meteorological reporting network, including the establishment, operation, and maintenance of reporting stations on the high seas, in polar regions, and in foreign countries in cooperation with other governmental agencies of the United States and the meteorological services of foreign countries and with persons engaged in air

commerce

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It is my understanding that the question has been raised only because of the proposal that the foreign government pay the compensation of the detailed employees and the possibility of conflict with Article I, Section 9, Clause 8, of the Constitution, which reads as follows:

"No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."

I concur in the conclusion of your Solicitor that the proposed arrangement is authorized by law and that there is no conflict with the constitutional provision. The act of August 8, 1946, plainly authorizes the detailing of the employees. It is silent on the question of compensation, although it must have been foreseen that questions relating thereto would arise. I think the required construction is that the Chief of the Weather Bureau, under the direction of the Secretary of Commerce, is left free to make appropriate arrangements with foreign governments respecting the payment, in whole or in part, of the compensation of employees detailed to cooperate with them. The constitutional provision was not intended to forbid, and by its terms does not forbid, the

acceptance of compensation from a foreign government under an arrangement duly authorized by an act of the Congress. Sincerely yours,

TOM C. CLARK.

ADMISSION OF CITIZENS OF PANAMA TO CERTAIN CIVIL SERVICE EXAMINATIONS

The Civil Service Commission is required under the terms of an agreement between this Government and the Government of Panama to admit citizens of the Republic of Panama to civil service examinations for employment by the Panama Canal and the Panama Railroad Company.

THE PRESIDENT.

MAY 15, 1947.

MY DEAR MR. PRESIDENT: I have the honor to refer to your memorandum dated March 27, 1947, transmitting a letter to you from the Civil Service Commission dated March 27, 1947, requesting my opinion as to whether the Commission is required to admit citizens of the Republic of Panama to civil service examinations for employment by the Panama Canal and the Panama Railroad Company.

The question arises out of the following exchange of Notes between the Secretary of State and the Members of the Panamanian Treaty Commission (53 Stat. 1856, 1857), in connection with the General Treaty between the United States and Panama, signed at Washington March 2, 1936, and proclaimed July 27, 1939 (53 Stat. 1807):

"DEPARTMENT OF STATE, Washington, March 2, 1936.

"SIRS: With reference to the representations made by you during the negotiation of the treaty signed today, regarding Panamanian citizens employed by the Panama Canal or by the Panama Railroad Company, I have the honor to state that the Government of the United States of America, in recognition of the special relationship between the United States of America and the Republic of Panama with respect to the Panama Canal and the Panama Railroad Company, maintains and will maintain as its public policy the principle of equality of opportunity and treatment set down in the

Order of December 23, 1908, of the Secretary of War, and in the Executive Orders of February 2, 1914, and February 20, 1920, and will favor the maintenance, enforcement or enactment of such provisions, consistent with the efficient operation and maintenance of the Canal and its auxiliary works and their effective protection and sanitation, as will assure to Panamanian citizens employed by the Canal or the Railroad equality of treatment with employees who are citizens of the United States of America.

"Accept, Sirs, the renewed assurances of my highest consideration.

CORDELL HULL.

"The Honorable Doctor RICARDO J. ALFARO.
The Honorable Doctor NARCISO GARAY.
Members of the Panamanian Treaty Commission,

Washington, D. C."

"LEGATION OF PANAMA, Washington, March 2, 1936.

"SIR: We have the honor to acknowledge the receipt of Your Excellency's note of today's date, reading as follows:

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"In reply we have the honor to express the gratification of the Government of the Republic of Panama at the declaration of policy set forth in Your Excellency's note under reference.

"Accept, Sir, the renewed assurances of our highest consideration.

"The Honorable CORDELL HULL,

R. J. ALFARO.
NARCISO GARAY.

Secretary of State, Washington, D. C."

These Notes were transmitted along with the General Treaty to the United States Senate and to the Assembly of Panama. The treaty was ratified by the President upon the advice and consent of the Senate on July 26, 1939, and by Panama on July 17, 1939.

The precise issue is whether our obligation to the Republic of Panama to maintain as our "public policy the principle of equality of opportunity and treatment" set down in the

specified orders, requires the Civil Service Commission to admit citizens of Panama to civil service examinations for employment by the Panama Canal and the Panama Railroad Company. It is clear that the Commission, within its jurisdiction, is bound to take such action as is necessary to fulfill agreements which the United States makes with other nations; the only question is as to the scope of its obligation. The Civil Service Act contains no requirements as to citizenship. Pursuant to the President's rule making power under that act, the Civil Service Rules (which are issued by the President) have provided from 1889 until recently that only persons who are citizens of the United States or who owe allegiance to the United States may be admitted to civil service examinations. Effective May 1, 1947, the President has provided in section 2.1 (a) of the new Civil Service Rules (Executive Order 9830, 12 F. R. 1259, 1262) that

"The Commission is authorized to establish standards with respect to citizenship * * which applicants

must meet to be admitted to or rated in examinations." Acting pursuant to this delegation of authority, the Commission, in section 2.103 (a) of its new Regulations (12 F. R. 1270, 1281) which also became effective May 1, 1947, provided that

"Persons admitted to competitive examinations must be citizens of or owe allegiance to the United States. However, citizens of the Republic of Panama may be admitted to examinations for employment by the Panama Canal and the Panama Railroad Company, and until June 30, 1947, citizens of the Republic of the Philippines may be admitted to any examinations."

The uniquely close and harmonious relationship between the United States and the Republic of Panama, arising out of the operation of the Panama Canal, has long been reflected in the regulations governing employment in the Panama Canal and the Panama Railroad Company. The order of the Secretary of War dated December 23, 1908, and the Executive Orders of February 2, 1914, and February 20, 1920, are to the general effect that employment of other than unskilled labor shall be restricted to citizens of the United States and of Panama. Copies of these orders are attached to this letter.

The orders referred to above, while recognizing the unusual relationship between the Republic of Panama and the United States, do not in terms extend to citizens of Panama equality of employment opportunity and treatment with respect to the Panama Canal and the Panama Railroad Company. In my opinion, however, the exchange of Notes of March 2, 1936, expressly establishes a policy of equality of employment opportunity and treatment. This conclusion is supported by the interpretation given to the Notes by the executive branch of the Government and by the Congress.

These Notes were discussed by President Roosevelt in a message to the Congress accompanying his approval of the act of August 11, 1939 (53 Stat. 1409), which authorized the improvement and enlargement of the Panama Canal. That act provided "that all new personnel in such construction work occupying skilled, technical, clerical, administrative, and supervisory positions shall be citizens of the United States." The President stated:

"The order of the Secretary of War dated December 23, 1908, and the Executive Orders of February 2, 1914, and February 20, 1920, extended to Panamanian citizens, with respect to the higher paid categories, opportunity for employment and treatment in employment equal to that extended to American citizens.

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"Accompanying the General Treaty between the United States and Panama signed March 2, 1936, and ratified July 27, 1939, is an exchange of notes between the two Governments by which the United States has agreed to maintain as a principle of public policy the opportunity for employment and treatment in employment of Panamanian citizens which is set forth in the Order and Executive Orders noted above. It is my opinion that this provision [the act of August 11, 1939] is at variance with the policy to which this Government pledged itself in its note to the Government of Panama on March 2, 1936, the date of the signing of the General Treaty, since the Order and Executive Orders specifically provided equal opportunities for employment of Panamanian citizens in the very categories in which employment would be denied them under the quoted provision of H. R. 5129.