The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-11

take notice Of the decision of his Attorney
General declaring that recommendations to
Office are to be kept secret, and not exposed
to examination even when they are required
as testimony in court of justice. But Mr..
Hayes, to our great surprise, seems to con-
sent to this view. The refusal of Mr..
Devens has caused good deal Of unfavora-
BILE comment in the press
The San Francisco Chronicle charged
that there was corruption among federal
officers in California, and that these
officers were the proteges of Senator Sargent
and of one or two members of Congress.
Thereupon Mr. Sargent brought libel suit
against the newspaper, and the persons sued
wish in self-defence to show that Mr.. Sar-
gent did recommend to Office certain men.
They apply to the heads of the depart
ments in Washington tor leave to ex-
anime the recommendations on file.
This is referred to the Attorney General;
and he rejects the application as improper
to be granted. Let us see. There is on the
files of tho Treasury Department a re-
port Of Special Treasury Agent L. d.
Phillips, on the condition of the public
service in California. 1t is dated March IA,
1876, and in it Mr.. Phillips, whom we be-
lieve to be an honorable man, and who was
Mt least jealous and faithful officer of the
Treasury, gives an account of the difficult
ties he met with in his efforts to bring to
justice offenders against the revenue One
OF his most active subordinates became the
subject Of ''charges" fled by Senator
Sargent, and based, Mr.. Phillips asserts on
the afidavits of notorious whiskey thieves
and criminals. The attempt to secure
the confession OF prominent dis
tiller failed because OF opposition
in the District Attorneys Office. Testi-
mony proving loss to the revenue
by unlawful distillation, amounting to a
million and half Of dollars, was not made
use Of In the trial of one of the principal
distillers ''the defence came mainly from
the Collectors office" The Custom House
also is SO managed that Hundreds Of thou
sands Of dollars worth Of merchandise is
brought into San Francisco as baggage and
passed without examination or payment Of
duty" He adds, II firmly believe there is
less than fifty per cent of the duty COL
lected," and his detailed account of the
manner in which the customs service is per-
formed makes this estimate probable. IF q
person applies for a position he is referred
to Billy Carr for Endorsement" zone gen.
tleman stated to me that he had been re-
terred to Billy Carr, and was informed by
him that the place he sought was desired by
others who would give five thousand dol
lars for it," Finally Mr.. Phillips writes:-
The remote situation Of the Pacific coast from the
seat vi government and the general understanding that
appointments 10 ONCE arc reay made ~ Senators aud
In Congress INSPIRE IN all oce holders
nearly very lively and grateful sense Of loyalty not
TO the government or any OF It's departments, but 10
the Senator Representative through whom such APP
pontuens hold, and the results that SO long
office be held under such circumstances ana sur
roundngs, the civil service must De utterly dsbased,
venal ana purely personal And such. In my judg-
meni s the condition VI Affairs IN California II re-
garded now nvss,on Senatorial rights In that
tive OF the nation OF his just constitutional powers in
appointing and removing gentlemen in the various
branches of the public service. In other State
Than California can the banetul influence exerted by
those who have usurped Executive powers be so clearly
palpably elt. From the chief 10 the lowest
subordinate IL understood that they all fully
tected and that no department. hand reach them.
The regal hand oil Senatorial and Representative
thorily bears sway. Distiers Wholesale liquor dealers
officials, hedged protected and defended
BY this imperial and despotic power do they please.
And he adds, what we recommend par
ticularly to the Attorney Generals atten-
ton my experience convinced me that
there is not only total Discrimination to
prosecute distillers and liquor dealers for
violation of law, lest officials should be
found to be involved, but fixed determi-
nation not to do so. Under the present fed
eral officials on the Pacific coast the prose-
cution and conviction Of guilty distillers
and whiskey dealers are out Of the ques-
ton"
Now, the officers SO charged with gross
failure of duty are still in Office. Mr.. Hayes
has not removed them. Whether Senator
Sargent is their protector or recommended
them to Office we do not know, but we call
the Presidents attention to the words we
have quoted from Mr.. Phillips official
report The state of things described
by Mr.. Phillips is precisely that which
Mr.. Hayes stands pledged to break
up. The discussions incident to public
trial would certainly help him in this work.
but it seems that the Attorney General re-
fuses to let official recommendations be
seen, even by court.
We say frankly to the President that he
cannot stand on this ground. He cannot ride
two horses. He needs all the help he can
get to accomplish reform of the civil SER
vice, if he means that But he cannot
reform in one place and conceal and protect
evil doors in another. Plenty OF petty
officers are driven out Of republican organ
izations. but people ask when the resig-
nations Of Mr.. Cornell and Secretary
Mccormick from the National Committee
are to be required. There is here and
there publication of the service, but
this California business is openly taken
under the wings of the administration. The
public is not blind. 1t is watching very
carefully, and it means to support the Presi-