New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-09-05
AGAINST MR.. EAToN's BOARD,
IS THE CIVIL SERVICE LAW ILLEGAL'
7 W HIyKLEY TO CONTEST 1T IN THE COURTS
" W. -. ..rur or.> /. TT cnNEIRAIs CLERKSi


.Judce Wallace, of the United States Circuit
co,r bo,d court TO hear motions yesterday. Morris g.
Miller NJ No IL wall-st, appearing as counsei ior
James W. Hinkey was among the lawyers present. anu
he asked Judge Wallace to grant an order urecNns ~
United states Civil Service commissioners
to show by what right they exercised their duties Inc
petition OF Mr. Hnckley presented IL 10 ususi 10
Grant such orders without difficulty they can easily
he Ismisscd If there proves to be insufficient cause ior
issuing them The order granted, ana was mauo
retnrnable on September 20 at the teuetai b"i"ns.
The sut is entitled james W. Hnkley OK reatone tne
United States Of America against Dorman D. Eaton anu
otbersn The quo warranto proceedings arc
no.od on a petition by Mr.. Hinkley. he re-
late. the facts OF the appointment OF Messrs
Eaton Gregory and ThOman Commissioners anu
acts forth in full the rules and regulations aooptco W
the Commissioners In addition the complaint Is mAoo
That the defendants have SesI Sod rU by said act
of 1891 and arc claiming the righ 30 10 10 .n
the defendants have been and e1orce all the pro-
visions thereof and powers gra ~ Tho dafend.
ants and claim the right OF enforcing anu
supervising and do supervise ana enforce .es s s eS
eleventh. twelfth. thirteenth fourteenth "uu
reason of the acts and powers exercised By the
defendants under the provisions OF the sara aeI aio
while the defendants claim 'he g Nd no person
or citizen can be appointed OF TG;.o'T rules in
The departmcnts Of the United states of America nm
less he has passed examination under tc saI Sis
service act by the said Commissioners or tue
pointed by them, In accordance with the feS o. .no
said Clv Service. nor unless he belongs 10 INC o''o'
described u the said rules and regulations $780,.
That cd aud allotted by the said Officers OF Ihe
eral departments mentioned IN inc Saa c,, anu hrn et
purpose of exercising the lliegaI po"en5 noscs
forth and OF carrying out the uses nhu ~. Pan,s
claiming and exercising the powers aiole a. 5o sev
caused and now causing al persons ~ n h SOW
era departments referred to in SAID act rules ana Tsg
laons TO be classified into inc among the
~ no In
thereof; and personally with reference to cducatlon
age sex, family. location and TO ,ne use sec :.
ing office. into dlIisIonsl or classes whose
fitness for occ Is tested and passed upon Dy saa No
missloncrs and examiners aud boards appohteu ny tno
defendants.
The complainant sets forth the duties OF tho Commits
sloners as exercised by Them In testing the htheS Oh
persons for Office grading thes. issuing certificates OF
fitness and enforcing the rule that no official Is bOuhd
to render political service be preUdcodfor re-
usng TO do So e says that they claim the right TO APP
pon examiners and TO supervise ana control certain
officers and to enforce rules preventing the appoint
ment OF persons who have not passed. examinations or
who nse oxicatlng liquors excess. The complaint
continues:
That the defendants under color Of the act aforesaid
aud the rules ana regulations aforesaid claiming inc
re aud do vest the President 0f the Unit ed
States Of the duties and responsibilities Nested IN MN
by the Constitution, limiting his power ana oholes OF
nomination TO the persons presented TO MN nm,
by the defendants, ana promDting o, Inc
citizen or person Office that the defendants have ana
compel tho President under aud by color OF INC ae
Aforesaid 10 submit the qualifications and fitness or tho
nominations Of persons Ter the pubic service 10 the u
partents aforesaid to trn instead OF 10 the Schae OF
the United States after the nominations, as required Dy
tho Constitution; that by reason OF the powers ana reg
uatons and the rights powers which the defendants
exercise and N the Tgnt exercise rs Aforesaid the
President cannot exercise MS cohsutu',o naL
or any citizen Of the United states Offices OF honor
trust profit under the United states In the depart;
mrnts TO which said act relates, without the approval
and certificate OF The defendants aud thor boaFds ah9
examiners Aforesaid, whereby yoar reator u,pi.Su
OF his nights under the Constitution aud ne rights OF the
Aid your relntor further saith that tho defendants
der color OF the said act cam ana eHerclso ths nm 10
supervise the conduct OF the Offices OF TIC Government
mentioned in the eleventh, twotth' tirtechlh
fourteenth ana fifteenth sections OF tie Act OF CiY
Service aforesaid And your cla0r further sath tlht
color OF the provisions OF the said act usurpcd and
exercised power and arc Jet u'upIng tho powers ana
be delegated 70 vested IN them by the Congress ol the
And your rclator saith that by reason OF tho
premises AID the matters ana hlhgS
acgrievel and deprived or h, constitutional and re-
served rights citizen and one OF the people 0f tho
United state OF America. because tho Attendants
Commissioners ana under color OF the Ciyi Service Law
and the rules and regulations thereon are uaufphS IN
divers WAYS the rights md powers vested IN tho de-
uartmsnts Of tho Government ~ the COnsttutOu. or
reserved u the people aud which congress mas no fEht
or authority To delegate 10 the defendants.
The cOmplainaut then asks Tor writ compelling
the Commissioners TO answer this court the rclaior'
the United States % America. By what warrant they
Jointly and sevcray exercise or claim % exercise the
rghs powers or do the dulles acts, things set forth
herein ara that rulo be mlde that this Information be
fled and that the defendants Aforesaid show cause De-
fore the court why the aforesaid Information should not
be dlod, and WAY tho writ or process aforesaid or
such other writ process tho law ana the
Justice OF tho may require should not Issue IN
accordance with the powers duties rules ana practice
OF this court
The belief current In political circles last night
that the proceedings brought By Mr Huxley were the
result OF conferences with Secretary Manning and other
Democrats. Mr. Huxley talked about the matter yes
terday with friend who said last night that lie had
doubt that powerful Democratic politicians were back
OF the movement. This gentleman also sad that II tho
matter opened In tho Courts II would result IN
an exposure OF frauds In tho execution OF the tY ser
Vice law aud OF partisan proceedings that would stare
the entire country Mr. Manniugs object II he Is iutcr
ested in bringing the proceedings, Is not clear and no
explain 1t. except that he Is opposed to civil
Service reform, any other movement thht Keeps
Democrats ont Of Office Mr. Hinkley has been atrcnu-
Gus ia opposing the law through the columns OF The
Graphc II was said up town last night that no was
selected 20 bring the suit FOR this casou as tho public
would then think he actiated by his own feelings
rather than by Mannngs Wishes and thus the latter
would be screened.