The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-01-11
Csvil-servico-Refosan Bill.

CtANtCC-ftIckln Dill.
We have at last procured copy OF The
b'li Passed recently by both houses Of Com
grcss 10 reform the civil service Of the
country; and after examining its proyi.
sionc we are compelled to say. rs was said
TO the man who shook bis head. that
"thcre's nothing In itD--or, rather, not
much.
The bill first authorizes the President of
the United States to appoint three persons,
one OF them Democrat. 10 constitute the
United States civIlsorvice commission.
The President may remove any OF them al
viii. So the President retains absolute
control over the entire machinery Of APP
pointmcnts, rs he must needs do until the
Constitution II amended. Congress may
pass any law il chooses to pass, but all
will avail nothing. The President will
continue to be the same powerful ruler
that he now is. OF course all this L. tho
roughly well known TO the able constitu-
tsonal lawyers in Congress, aud therefore
they passed the bin in the full light of
day-that Is, knew that 1t was sham mea-
sure OF reform. In fact, they were candid
enough TO state the fact in the body Of the
bill itsell-to wit, in tho second section,
which reads as follows:
Section 2. That IL shall be the duty OF
said commissioners--first,t TO aid the Presi-
dent, as be may request, In preparing suit
able rules for carrying this act into effect.
and when said rules shall have been pro-
mulcated II shall be the duty OF all officers
Of the United States in the departments
and Offices 10 which any such rules may
relate 10 aid in all proper ways in carrying
said rules, and any notifications thereof,
into effect.
Just so: "to aid the President as he may
request" But suppose he fail or refuse TO
request their assistance. Then he will
make his own appointments. The bill,
therefore, leaves the President-and neces-
sarily leaves bim-as free TO make all ap-
pointmcnts which the laws authorize him
to make rs he was before. lie could have
called in advisers before, and could have
made appointments upon their recon-
mendation II he had chosen to do SO.
When the Constitution confers the power
to appoint to Office it means the power to
select, to designate, and TO install into
Office not the power to recommend to a
commission. nor the power TO appoint upon
the recommendation of commission.
When the power TO appoint is ve'ted in the
courts or In the beads OF departments
these have the same power az 10 the minor
Offices as that possessed by the President
over the higher Offices. As was well said
sideration, Congress cannot vest part Of
this power in the courts or the heads OF de-
partments. and withhold q part. All or
none is the requirement OF the Constitu-
fioD.
Nevertheless, the ciyil-service reform bill |
has some good features. 1t makes 1t mis-
demeanor punishable by fine OF not more
than five thousand dollars for any congress-
man, or Congress officer, OF any Federal |
officer or employe, to be in any manner |
concerned in soliciting or receiving any as
sessment, subscription. or contribution for |
any political purpose whatever, from any |
officer, clerk. or employee of the United |
States Government,
The bill also provides that no recon-
mendation OF any person who shall apply |
for Office or place which may be given by |
any senator or member of the House OF |
Representatives, except as to the character
or residence Of the applicant, shall be re-
ceived or considered by any person con-
cerned in making any examination or ap-
pointment.
, There are other features OF the bill which
will have tendency to improve the civil!
service. But, after all, it remains with
the appointing power to effect all i'm
portant reforms.