The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-02-23
own SERVICE REBORN

! There are no honest mon, either
among Democrats or Republicans, who
will not say a reform Of the civil service
is desirable. Ii is only the means of ac
comprising so desirable a result that
eXcites difference Of opinion and discus
sion. Mr.. CLEVELAND is undoubtedly
committed to tho doctrine which Is vet
but theory, and the methods for carry
ing out of which seem to be provided
rather for applicants for position than
anything beside. II occurs to the HER.
AID that pretty clean sweep Of present
incumbents would enable Democratic
administration to apply the principle in
the most satisfactory way. To this end
the prSsident-elect should fortify him
self with the best Judgment Of the land
az to his powers in thor extent aud his
duties.
The supreme court of Texa, in 1859
decided the case OF Keenan, vs.. Perry,
Twenty-iourth Texas Reports, page 253.
II was a case whore Perry, SUI
periutendent of the state luna
tic asylum, (Which office he
had lately heidi, was alleging that
his successors, KEuEAS'b appoint
ment, was void, because he, PERRY, had
been appointed for four years not to 10
removed without cause assigned-tbs
cause to be incomp teney, to dis
chsrso official duties or misconduct.
The case below was decided in PERRY's
favor and then taken by KEENAN, to the
supreme court, JUDGE WHEELER pre-
siding, whore IL was reversed.
JUDGE WHEELER, in reyerslng, said;
"There can be no questioning OF the
| power Of the governor to remove for the
specified causes, lie did remove the
appellee and appoint tho appellant as
his successor. But II IL insisted for
the appellee that the removal was not
/ operative aud eifectuAl, because the gov.
ernor did not assign the cause OF causes
OF his removal, The answer to this
Is tina, the law did not require
him to assign the causes, or to manifest
by any official record or otherwise the
| particular cause or causes upon which
he acted. The law makes no provision
for ascer,ainiug tina eNlstouce OF the
causes, or for revising the action Of the
governor by any other authority or tri-
bunal In thus comforting the power OF
removal, to be exercised by him with.
out the concurrence OF any other author.
ity, TO ascertain tho existence OF the
causes 10y Judicial inquiry or 1therwise,
and without giving any power Of revis.
ing his decision, the law made him nee
essariy the sole judge OF tho eKistonce
of the causes, and his decision Is, necos-
sarily, final aud irreversible."
In 1888 JUDGK NoRToN as marshal,
and Cor, f, w. MINER as district at
ornoy aud PosrNAsrER 4, \. WHtssKN
were removed tor causes assigned by
PRESIDENT ARruUR. Dir. CoChRAN
had been previously removed on the
ssmo protoXt A commission sent
by the department OF Justice came to
Texas, and took evidence, without Civ
ing the incumbents the slightest chance
of making defense, or even know with
what oiIenses they were charged. This
commission was only means employed
by the administration TO satisfy the
president as to the proprlety of exercls.
Ing hts power Of removal and appoint.
ment. lie used IL, and removed those
officials on the precise grounds OK.
pressed in JuDGE WuEELER's decision
lit hen, JUDGE WHEELER, one Of the
most eminent judges ever presiding over
any supreme court, BIO correct, and II
PRESIDENT ARTHUR has been sus
tained by the senate and congress OF the
United States, what is there to prevent
PRESIDENT CLEVgLAND from consider.
ing the causes himself and removing
any man from office whom he may dc.
sire, If charges are preferred and he
elects TO consider them, or either Of
them, sufficiently made outY