The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1885-07-21
Washington, D. c., Post.

WAS there any understanding he
tween you and any Treasury officials ?"
mo, sir; everything that has been
said in the pre- ga respecting conspiracy
between Mr. Higgins, Judge Chenoweth
and myself is ridiculously absurd. re-
ceived no communication whatever from
either Of them respecting the case or
any other case. and / do not believe
anybody else did. Such statements as
those made in the editorial columns of
the New York Times of yes erday are
without the shadow of foundation,
and are simply examples of reckless and
conscienceless newspaper misYepresen-
taiiors Mr.. Higgins, l am we'll advis-
ed, assumed no responsibility In the csse
and did nothing more than bis simple
duty. Nor did Cheno weth, in my opin-
ion, go one step beyond his plain duty
in the matter. / assume all the respon-
sibilty in the case myself, and have no
apology to make to the commission or
to anybody else for the parl took"
"What about the action of the Civil
Service Commission ?"
If what has been gong the rounds
of the press" replied Mr.. Warner. "is
to be taken as authoritatively represent
ing the Civil Service Commission, then
the com mission has taken position I
do not believe it can maiDtain. 1t seems
to be assumed that after tine Civil Ser
vice Commission has held its examina
ton and given its certificate that it is
then little less than high treason for any.
body to question It's Recommendation,
or object to the appointment of one to
whom its certificate has been given. even
though it shonld become afterward
known that one was a horse thief
Where is there any warrant ia the Civil
Service law for slch doctrne as that
/ never Understood that the Civil Ser
vice law re enacted the Alien and Sedi-
ton laws. Is this commission to be
considered as sort of Divine Trinity,
whose actions are necessarily immacu-
late? 1t will find its actions are open
to criticism as well as the acts of any
other department OF government. and if
my cor stituents hereafter believe an ap-
pointment made through the commits
sion or otherwise is an appointment that
Ought not to be made because OF the
character or untftness of an applicant,
shall not hesitate, il asked to do so, TO
forward such objections TO the depart
ment to which they relate But I have
another thing to say. and that is that
Judge Chenoweth had perfect right to
refuse to appoint Mr.. Kellar or any of
the four names sent to him. and the com
mission has no power under the law to
enforce such an appointment upon him.
Judge Chenoweth told Mr. Kellar in the
lpseseSce of witnesses, who have told me
this to-dsy, that he did not ohJect to
him on account OF his politics, but the
position was responsible oae, and, i.
the charges I forwarded were true, that
he tKellar( was not such . man as he
wanted there"
'sWas not Secretary Manning bound
Ito make the appointment p
"No, sir; he was not, although the
Commissioners had sent up these names.
There is no warrant in the Civil Service
law for the assumption OF authority in
this respect which the commission has
taken upon itself, and it becomes itsel
the violator OF the spirit OF the law
when it does it, The commissioners
;cannot appoint The appointing power
rests still with the President and heads
of departments and it cannot be taken
FROM them The only restriction the
Civil Service law imposes is that ap.
Ppoistments in certain grades of the pub
lie service SHAH be made only from such
as have passed The civil service examin-
alton and have been certified as quail
fled. The President or che head of the
departments may make the appointments
from any Of the whole number ecrsiSed
and are not limited to three or four
names cent in to them. Rules made by
the commission and authoritatlvely pro-
mulgated that are not strictly within the
law ore not law. The commission, how
ever, it would seem, has presumed 70
/ Elegisfate, as well as TO examine appl-
cants for Office lrepeat, therefore, that
neither Judge Chenoweth nor the Sec
EretaIy was hound to appoint Mr.. Kellar.
The only restriction the law imposes on
them is that they shalf not go outside oi
those certified by the commissions, and
they shall MOI make their appointments
Flor political rsasons."
"What should have been doney then
in this case ?"
"What l think ought to have been
kdone in this case is this: After the
Echarges we're received affecting the char.
acter Of Mr.. Kellar, some one else
should have been Appointed and inquiry
made as to- the truth OF the charges, OF
time given for those who made them tc
support them BY sufficient evidence.
found TO be tyue be should bave been re-
bjected altogether Notwithstanding the
certificate he held If the charges wer'
tiound not to be sustained, then he eheplt
have been appointed.
"Wbat, in your Judgment, ought Co b.
Edone now p
"If the charges affecting his character
Eand fitness are found to be sustained be
shoald be turned out; if TREY ere no
sustained, then he should remain in
One thing further ] will say. When this
case is fully understood 1t will show to
the country, think, that the reform
most needed Just nov is leform IN the
lcivil service machine itself. You can
not prevent the people from asking why
it is that Mr. Kellar, who was examined
but six or eight weeks ago, SHOULD be
preferred 10 those who were examined
and passed long before. was not in