New-York tribune., 1871-09-08
THE CIVIL SERVICE COMMISSION.
THEIR POWERS DEFINED BY THE ATTORNEY
GENERAL.

WASHINGTON, Sept. 1.-THE following has
just been made public by the Attorney General:
DEPARTMENT OF JUSTICE WARRINGTON, Aug 81, 1871.
The PRHsIDENT-gir: You have called for my opinion
the" the civil Service Commission. That Commission has
been appointed under the 9th section Of the act Of Con-
Up
ending June So 1872 and for other purposes which Is as
That the President OF the United State. be and he hereb, author
5 16 to- c iGsn Of % S 'p@ promote tie
ccncy thof and ascertain the fitness Of each candidate 10 respect
into AMI for this tue Preddeut
thsr duio. and to sbH regulations
receive appointment IN the civil see-ls o. s & stat Sl
Gscrtd recommend to the President that al admission. to
the United States with such exceptions may be
specified determined by competitive examination to all p
cal and religion, OpnOn. as may be rsqsrsdh ,o.aor q,
single person for appointment by board not estab,
lished by the constitutional power, would virtually vest
the appointment in body unknown to the constitution
In the cases particularly propOunded by the ComInis-
sonr If the President by an act OF -
nlents should always appoint the persona named Dy
appointing power and that act Of Congress- oud be the
foundation Of its suhOF t%t That Congress @sufas Sa.
not It hs s'e Doen shn' susssssd that the
now vested in the courts ana e. IN tne tna1s nssns
result Of competitive test testified to by examining
board To this mode OF selection, II discretionary WIN
the President there ia no constitutional objection and
the same mode under a similar condition would he used
laws it being always understood that the appointing
power resorts to this test as way OF hnding out tne
abide by 1t II satisfied that the appointment Of another
would best the public nteress In short the test
to inform the conscience Iof the appointing power,
but cannot be made legally conclusive upon that power
against It's own Judgment and Will. ,- l.,
The other question proposed by the ComnHsohers ID
this: AT, ,o.,
Ia organized. regulate the exercise OF the appointing
power now vested in the heads of departments or in the
courts to restrict appointments 10 CLASS OF
persons whose qualifications fitness shall have been
determined by an examination Instituted lhdepehaeht
NV opinion is that he may. Though the appointing aads
esh Sy dec legislation or the
by authority dery yed from Congress- can prescribe the
made out of class OF persons ascertained by proper
tests to those qualifications and 1t Is not necessary
that Judges in the tests should be chosen by the ap
has se% crsanae nae iha e
prescribe such rules and regulations Tor tne a9nsson
OF persons into tho civil service OF the United states as
will best promote the efficiency thereof and TINS very
ample authority will certainly embrace the right 70 re-
have been found qualified by competent examiner IL
has argued that right In Congress to limit In te
contracting process to designation of particular in
di iydua; hut do not think this fair conclusion Con
etzenship or OF certain 8ge that judges should be
OF the legal professions and still leave room 10 tne ap
pointing power lOf Iue eAcTCiSo VI hiS
and will; and I am not prepared to affirm
tha to go further aud require that the selection shall be
made from persons found by Examining Board to be
qualified in such particulars diligence scholarship
integrity good manners and attachment to tho Govern
ment, would impose unconstitutional limitation on
the appointing power. 1t would still have a reasonable
scope for its own judgment and Will But IL may De
asked At what point may the contrasting process stop
confess my inability to answer But the dificuty % or
ra wing line limitations as are and such
Az are not allowed by the Constitution is no proof that
both ceeses do exist In constitutional and legal
degree; vet it ia impossible TO tell precisely
where in the scale right ceases and wrong begins
In the matter now in question 1t is not suppOsable that
Congress or the President would require Of candidates
for Office qualifications unattainabe by su1clent mum
her to sfHr annie room for choice Very respectfully
your obedient servant, a. i. AkEhnAn, 1,