Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-09-20

POWERS DEFINED Er TIE ATTORNEY
GENERAL.
ME p-Low.n- has just been made public
-v --e Attorney General
DEPARTMENT OF JusTIcE,
W.-uINsrIs. Aug. 81, 1871,
If- PnzsIJ. SIT .-Sr You have called for
ny HF.alaa upon certain qucs ions presented
Eli -.e body known as Che civil Service
..u.a.--ilu- IaLt Commission has been p
H..lreI under tue 9ed section Of the act of
&. = IS. pl-scl March 3. 1871, making ap-
Hapratans t5r sladry civil expenses Of tine
vernmen5 for the year ending June 30,
1872, and l1r utaer purposes, which Is as
follows:
o. Ta4t the President 0f the United Sta-es
6s. ANA he Is hereby authorized 20 prescribe
-ue4 rules and regulations for the admission
#i persons In-J the civil service Of the United
STATES a- VIII best promote the efficiency
thereof. and t. as certain the fitness OF each
candidate 10 re-pee1 to age, health, charac-
t.r. kuIwicIsc. ami ability for the branch OF
service into wI.cI he seeks to enter and Tor
thi~ purpose ths President is authorized to
employ suitable persons - conduct said IN
.llre-, t0 prescribe their duties, and -
establish regulltI)ns for the conduct of per
-.r- Ua3 may receive appointments in the
a.ri. service. 10 L. 5 stat. jl4.
Tas Committee had under consideration
te .0llowin- resolution
R.y1red. That we recommend to the Pres
lieur that all admissions to the civil service
81. The Jnited States, with such exceptions
.- may be specified shall be determined by
competitive examinatiOu, open to all appli-
vtat- Who shall have satisfied such prelim-
nary examination in regard to health, age,
character. and such other qualifications,
ezeef -luL political and religious opinions, az
may ue required.
Lae .as.l..lu was made that the desL Lna
t'Yu vi single person for appointment b.
p .aE1 not e--a5.isLed by the constitutional
power, would virtually vest the appointment
.H 4 body uaSu.wn 10 the Constitution
IH tie cases particularly pr0pounded by
TIE tpl. missioner. If the President, author
i1.- ay 40 a-t b. Congress- should prescribe
iaat tLc courts and heads Of departments
o.I always appoint the persons named by
uTI service board that board would viz
.-a.ly 5- the appointing power, and that act
o. Congress would be Ene foundation Of It's
.at-aIfy- That Congress cannot give that
.u-.1rtv think is manifest 1t has been
'---ested thar tie appointments now vested
TIC courts and ia the heads Of departments
e.lid b. transferred by Congress 10 the
t.-,.leue. and chat lie could appoint, accJr-
-u- 20 shc result Of a competitive test,
testified to by an examining board. To this
mode of selection, If discretionary with the
President, there is no constitutional objec-
tYH. and the same mode under a similar
condition would be used By the various ap
pointing powers under the present laws, i5
1-.ag always understood that the appointing
power resorts u this test as way Of finding
olt tle G-test person for the vacant Office,
"tl not bound to abide by it If Satisfied
tt.t the appointment Of another would best
'sl'e the public interests. In short, the test
-. e competitive examination may be resort
ti IN order 10 inform the conscience of the
aItH.tiuE power. but cannot be made legal
t conclusive upon taat power, against us
t"1 Judgment and viii.
lie gtGcr question proposed by the Com
uIsslJners Is ths:
Nay the President, under he act by which
't-s board is organized, regulate the exercise
"- Tie appointing power now vested IN the
Leais ot departments, or in the courts Of
laW, So as to restrict appointments to "a class
q persons whose qualifications or fitness
snail have been determined by eEamina-
,1n Instituted Independent Of the appoint
nS power?
Ay opinion is that he may Though the
tlpJntIng power alone can designate an in
4Fiiual ioc an office, either Congress, by
u'iecJ legislation, or the President, by au-
1.'lily derived from Congress, can prescribe
.1e qualifications, and require that the
1+tisnat'In shall be mtde out Of class Of
tel-ons -s e-taiued ~ proper tests TO have
'7e quaI-hca IONS. and 1t Is not necessary
'laI the judges tn tie tests should be chosen
ny The apFoi ing power.
iAe act under wnich the present Civil