, 1874-01-14
BUTLER ON C1Vu-sERVICE REFORM.

Ben ButIer5 last tangent Is uuect 1seuo WALL
the Treasury Department in the mat.er OF Civil
Service Reform, which he proposes to test. The
cause which he has espoused is that Of Capt
Lemuel B. Gregory, soldier who WAS in But
ler's command, was wounded during the War,
and was therefore honorably discharged from
the service for reason Of disability. Capt
Gregory applied for clerkship in the Treasury
Department, but his name was not reported by
the Examining Board, and consequently lie
failed to get the position. Thereupon Butier
takes the case, and st once addresses letter
to the Secretary Of the Treasury, informing him
that he ia determined to make this test case
between the departmental and Legislative power,
and therefore desired him to make as full and
complete defense IS possible, so that he may
know how to proceed. lie also succinctly states
Ills own position to the Secretary, which is
substantially as follows: 1. Thai Capt. Gregory
is wounded soldier, who has served with ois-
tinction. q That he passed above tho standard
fixed by the Ciril-Sersice Board, viz, 70,
and is, therefore, it for the position. 3. He
cites tie following resolution passed By Con-
gress March 8, 1856:
Eesolsed BY tho SENATE and House Of Represents
tiyes Of the United States Of Ansrica IN Congress
eembled, that persons honoEab}y discharged from the
military OF naTal service by Of disability result
ing from wounds sickness incurred III the line Of
duty shall be preferred for appointment for civil
offices, provided they shan he found to possess the
business capacity necessary for the proper discharge
Of tho duties of such position.
SEC 2 And be it further resolved that, in grateful
recognition Of the services and sulerngs Of persons
houorably discharged from tie military and naval SER
vice OF country By Of wounds received, OF
the expiration Of terms Of eEu6tucnt Ia respectively
recommended to bankerH naerchnnts, manufacturers,
uechancs farmers, and per7ons engaged in industrial
pursuits to give them the preference for
to remuneratve situations and employment.
The point which Mr.. Butler makes with refer
ence to the above resolution is that the rules Of
tho Ci7u-Servico Board cannot override the law
OF the Land. Alr- Butler says:
Inn not aware that the Ctv-Seryice rules atall be
acts Of Congress- You will by The resolution quoted
above that Congress- has eoommended to everybody
else to give tie preference to disabled soldiers and
have provided that they shall be preferred for ap-
pointmcnG to civil Offices. Can 1t be that the rules Of
the CtylSe7ce Board override uistinct law Of the
land Z II so y what power? Why should nero
dniet preference because OF answering to few uniu
po1tAnt questions in the opinion Of the CiyuService
Board Of examination be made to override such Law
as against wounded soldiers but for who7e vslo- the
Ciyi-Service Boari would have had no soft cushions
to sit on ROW, which they enjoyed during the War,
while tho soldiers were In the deld2
To this letter the Secretary has made reply,
in which be briefly answers the three points.
The first ia acknowledged. With reference to
the second the Secretary states that dregory's
examination placed him beyond the minimum
standard Of 70, VIZ. 1921 On scale Of 100, as
perfect. But there we're forty persons On tho
list eligible ior appointment who passed better
examinations, and Gresorys name WAS not,
therefore, among the three certified to the
Secretary, as required by tho rules; conse-
quently, Gregory's name canno. be considered
until the other thirty-seven names have been
exhausted. As to the third point, the Secretary
claims that the CiYii-sezv1ce rules have all tho
binding force Of law, and qualify tho joint Teso-
luton OF 1865 SO FAR - giving soldier prefer