Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1885-07-16
CIVIL SERVICE.
William ID. Hills Opinion ofIt.
He is Doubtful as to the Constitution.
ality of the Law.
And Expresses Decided Opposition
to it as Contrary to the Spirit of
American Institutions.
Especial Dispatch to the Enquirer

Especial Dispatch to the Enquirer.
TOLEDO, o., July l1.-Hon. w. d
Hill, of the sixth Ohio District, who
has recently came prominently befor,
the public through his open denuci
alton of the Civil Service law, is in dai
ly receipt of letters from all parts of thu
country from lawyers, politicians anC
citizens approving his course. To-day
he showed me the following, as one O
the many to which he proposed to take
heed and profit by:
BALTIMORE, July 8, 1885.
Hon. w. ID. Hill, Defiance, Ohio:
As q fellow-Democrat, who shares YOU
chagrin at the working of that mOnu
ment of Democratic folly, 'the Civi
Service act" allow me to offer a sugges.
ton, namely: Is not this act uncon.
stitutional? Does it not conflict with
paragraph 2, section, 2, article 2, of the
Constitution? Is it not possible to make
up case to test the matter in the
Courts? Your obedient servant,
J. S. JOHNSON.
Turning to copy of the United States
Constitution, Mr.. Hill read paragraph
2, section 2, article 2, as follows:
"He the President shall have power
by and with the advice and consent OF
the Senate, to make treaties, provided
| two-thirds of the Senators present con-
cur; and he shall nominate, and by and
with the advice and consent of the Sen
ate, shall appoint ambassadors, other
public Ministers and ConsuIs, Judges of
the Supreme Court and all other officers
of the United States whose appoint
ments are not herein otherwise pro-
vided for, and shall be established by
law; but the Congress may by law vest
the appointment of such inferior offices
as they think proper in the President
alone, in the Courts of law or in the
heads of departments"
''ls this question of constitutionality
new ones" 1 asked.
Comparatively, although it has been
broached by the newspapers, and law
yers differ on it,"
"What are your views?"
MY views on it are that it is uncon-
stitutional. But l am opposed to it on
general principles because it takes the
appointing power out of the hands of
those who are responsible for the ad-
ministration of their respective depart
ments. The Civil Service Commission
can send up brainless fop Just out of
college, who can always get some friend
to testify to his integrity, and who can
pass an examination that the President
himself can not, and the Cabinet officer
and heads of departments are powerless
under this law to reject him, but are
forced to accept him, howeve ver obiec-
tionable he may be to them personally.
| am in favor of executing the law to
the letter while it is law, as I am in
favor of every law while it is on the
statute books. | am opposed to this
law because it is contrary to the spirit
and genius of our free Institutions. 1t
takes the power out of the hands of the
chosen agent of the people and therefore
out of the hands of the people them
selves. The Constitution does not allow
the President to serve longer than four
years, and gives the people the right to
change every four years if they want to-.
Why, then, should low-grade clerk in
a department have greater protection
and immunity thrown around him than
the President of the United States has,"
'Have you asked for the appointment
to any clerkships in Washington cover
ed by this law?"
81 have not asked for a single one.
One young man in my district, and
only one, applied to me, aud L told him
| could do nothing for him; that he
would have to take his chances before
the Civil Service Commission. Wheth-
er he has done this or not lam not ad-
vised. [ have asked for the appoint
ment of friends to positions that the
Civil Service law does not apply to at
ALL"
"What was the resulto:"
"They have not been acted on, like
thousands of others. That is the eX-
perience of all members who have ask
ed for more than they can get"
Twill there he an effort made to re-
peal the law?"
II think there will be strong move
ment on the part of the Democratic
members of the next Congress to do so.
L have heard great many
members say they will vote to repeal
it. L certainly shall if L have the ol,-
portunity. Do you know that not Il
Democratic Congressman in Ohio voted
for the bill when it was on its passage?
| know of but two United States Sena-
tors who will not vote for its repeal,
and every Democratic Representative
west of the Alleghenies will. There is
one humorous point in the bill. The
law recites in preamble that gross
abuses exist in the Civil Service, and
then they went to work and passed an
act preventing the correction of those
abuses. Some abuses always will exist
in country like this, where there are
so many office-holders. 1t can not be
helped and is unavoidable. Where did
the stealing come in during the time
the Republican party was in power?
Not from the clerks whom the law ap-
plies to, but those who are higher i'm
ahority Who were guilty ofthe Star
Route frauds? the whisky ring frauds?
the Belknap frauds?"
"How do the heads Of departments
feel about it.?"
"They denounce it. I have talked
with the heads of departments and
they uphold ME. L have never said a
word to the President on the subject
"Who should test the question:"
"The Cabinet officers and heads of
th n dana ,.t, ~, re-, =, ,..