Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1886-07-01

that demand for reform In ihs civil
service and that temper ofan O',sraged
people which created the sentiment
which tolerated the present civil
service law and system and new, SIR,
as 10 the Law itself. 1t viii sot be
disputed, ! think. sir, that there are
those in this country familiar xsth The
organic law a nj rules construction
who are firmly Of the opinion Ii this
ciyi. service law, in some OF q pro-
visions, is not consistent T1h lie
requirements Of the fnsA son.
esrSsSS--S-svsssae -.As;nier - wesr-
familiar with the application OF jndi-
ciGl tests in the trial of constitutional
or legal questions, ! unhesitatingly
declare that for myself, by the light of
snch intelligence as am able to bring
to the consideration Of the question, |
cannot square the provisions of this
civil service law and the theory upon
which it is based with either the letter
or the spirit Of onr organic law. /
shall not attempt, sir, to construct an
argument in support Of my view. /
shall content myself with propounding
10 those who maintain its coustitu-
tionality few questions which they
are in duty bound to meet and answer.
Article II Of the Constitution, in its
second section, provides that Con-
gress may by law vest the appointment
Of such inferior officers, as they think
proper, in the President alone, in the
courts of law, or in the heads of the
Departments.
Where Is the power to create a
commission to all the President or
either Of the designated repositories
IN which the power OF appointment
may be lodged by the Congress 10 be
found Il was attempted in the con-
vention which framed thu Constitution
10 provide for council TO assist the
President in rsnIucting public affairs,
but it was rejected. Says Curtis in
his history. Of the Constitution
The question Of an advisory body,
with which it was proposed to sur
round the President to assist him in
the discharge Of the duties, did not
receive the sanction Of the convention,
bat the committee substituted a diff
frrent provision, which gave the Pres
l!ent power TO require an opinion in
writing Of the principal oiiicers in each
of the Executive Departments relat-
ing TO the duties Of their respective
offices. The plan of a council was re.
lect"l, for the reason that the Presi-
dent of the l,nited States was to be
personally responsible for his official
conduct, and that the Constitution
would DO nothing even in appearance
10 diminish that responsibility.
Now. sir, il will not DO for an an
swer to say that this commission has
no power of appointment. 1t is true
they have not directly, bat the powers
conferred upon the commission limit
the discretion and choice Of the ap-
Pointing power so etfectually as prac-
t.es?.y 10 control it. 1t is doing
indirectly as etiectnailv as though
clothed directly with the power what
il clearly could not 10 directly under
the Constitution. Where in the Con-
st.tution is there 10 be found anv
authority for the imposition OF any
limitation upon the rights or privileges
OF citizen other than those specified
in the Constitution Article N Of
the amendments to the Constitution
provides as follows: The enumera
tiou in the Constitution of certain
rights shall not be construed to DENY
or disparage others retained by the
people. - Sovereignty Is AZ attribute
Of the citizen, and. when assumed by
government is fatal TO the liberties OF
the citizen. In lieu Of the oely tests
which the executive power should or
can of right apply-is he honest is
he capable is he faithful to the Con-
sti;utiono--inluisitorial and restrictive
tests are applied under this law,
destructive of what should be the
ina,ienable right of every citizen-the
right TO hold Office under the Govern
,nent he supports and to which he owes
allegiance. He is subjected to ques-
tions of residence, questions Of age,
and educational test which as effect
lvelv deprive him of his right to
participate in the administration of
government as though convicted of
treason or other high crimes or mis-
demeanors.
Sir, against such system, in the
name Of free government, in the name
OF justice and equality before the law,
in the name Of Constitution made and
designated TO promote the welfare of all
the people, aud to prevent and for
ever prohibit the erection OF a favored