The National tribune. [volume] (Washington, D.C.) 1877-1917, 1886-11-18


JEROME b. BURKE,
Commander, Grand Army of the Republic,
Department of the Potomac.
THE CIVIL SERVICE COMMISSIONERS REPLY.
UNITED STATES CIVIL SERVICE COMMISSION,
WASHINGTON, ID. c., Nov. II, 1So6.
MAJ. JEROME B. BURKE Commander, Grand
Army of the Republic, Department Of the
Potomac, Washington, d. c.
SIR: In late communication addressed to
the United States Civil Service Commission
you call attention to the position of the Com
mission. as stated in its Third Annual Report,
that the persons mentioned in Sec. 1854, U. s.
Z. s., are equally subject, with all other classes
of applicants, to competitive examination,
and all the conditions established by the Presi-
dent and the Civil Service Commission. In
this connection you say:
"To this conclusion, and indeed to the
whole argument upon which it is based,
make objection"
You then state your grounds of objection, to
which no answer need be made, since, in gen.
eral way, the Commission agrees with you in
the conclusion to which your argument leads.
Section 1854, Revised Statutes, provides as
follows:
al. That persons honorably discharged from
the military OF naval service by reason of disa-
bility incurred in the line of duty, shall DO
preferred for appointments to civil Offices.
"2 Provided such persons are found to pos
seSs the business capacity necessary for the
proper discharge of the duties of the civil Offices
they apply for"
Section of the Civil Service Act provides as
follows:
81. That no person shall be appointed to enter
the Classified Civil Service until he has passed
an examination, etc.
az. Nothing contained in the act shall be con-
strued to take from those honorably discharged
from the military or naval service any prefer
enee conferred by the I75ith Section of the
Revised Statutes"
A construction Of the Civil Service Act that
requires persons claiming preference in appoint
ment under Section 175i, Revised Statutes, to
pass an examination to ascertain whether they
have the necessary qualifications, does not take
from honorably discharged soldiers and sailors
any preference conferred by Section 1854.
| Therefore the Commission holds that no person
who has claim of preference can be appointed
to any classified place in the civil service until
he has passed an examination, or is shown to
be specially exempted from such examination,
in conformity with the provisions of the Civil
Service Act. lie must make his application
| for examination in the same manner that any
other citizen is required to make application to
enter the Classified Civil Service; he must be
examined and his papers must be graded in the
same manner; his examination papers must be
marked in their turn. But when persons en-
titled TO the preference In civil appointments
allowed by Section 1874 have been put upon an
eligible register, they do not become COMPETE
tors with persons VINO have not this claim.
Every one of such elisibles must be preferred
for appointment before every other eligible who
has not the preierence-claim created by the
section Of the Revised Statutes referred to
above. The appointing officer who admits
that a person has the soldiers or sailors claim
Of preference, and then refuses to prefer him 10
all other eligibles who have not this claim,
clearly violates the law; but an appointing
officer may prefer one preference-claming eli
gible to another. Reasoning in this way the
Commission has concluded that there are two
classes of competitors for civil appointments
viz: o. Those who have preference under
Section 1854. Revised Statutes, and (2) ThOs'
who have not. The members of each class ar,
competitors before the appointing power anon:
themselves and not competitors with thu
members of the other class. Consequently
the Commission has directed that upon any
requisition being made by an appoint
ing officer for eigibles to fill any vacancy il
the classified service, the certifying officer shall
certify, from the eligible register Of the Stat
from which the eligibles are to be drawn, thu
! names of all persons who have a claim to pref
erence in appointments under Section 1854
provided, however, that if there are upon sai'
register the names of more than four person
who have claim Of preference, only four o
them shall be certified and in the order of thei
, grading. If, upon the register of the State en-
titled TO an appointment, there are not prefer
ence-claiming eligibles enough to fill a certifi
cate, or If there is upon said register the Ram
of no preference claiming eligible, the Commits
, sion will make the certifcatiOn by taking tn
. names Of preference claiming eligibles from tn
. registers of other States, taking care to selec
4 from such State registers in the order of tn
A right of each State to an appointment unde
the appOrtionment authorized to be made b.
Z the Commission. If upon the register of N
4 State entitled to an appointment there is no
/. the name of any preference claiming eligible
g and the name Of such an eligible appears upo
q the register of State the quota of which la
!. been filed, the name Of such preference-claim
A ing eligible must lie certified.
r In this way the Commission has endeavore
A 10 give vitality to the preferenee-claim accord
4 ed 10 soldiers and sailors of the United State
i by the 175ith Section of the Revised Statute,
. The men who have preference under this sec
ton are recognized by the law as men wht
4 by the sacrifices they have made for their coun
v try, have earned the gratitude of the Govern
II ment and, in the belief that the appointin
= officers of the Government desire to give sui
!. stantial effect to its gratitude by preferrin
4 these men for civil offices, the Commission ha
"a taken the action indicated above.
II Writing by the direction of the Commission
h l have the honor to be, sir, truly yours
q JOHN I. DOYLE, Secretary.
Needed More Than One.
e lPitsJiTg Dispaieh.l
n "John, do you remember when we used
4 | swing an my faf her's frnnt