Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1886-07-09
CIVIL SERVICE REFORM.
The Changes in the Law suggested by sem
ator EdmundS.

LFIOm IIc hoSItn JtNlluI.
WAsHINGToN July -Scnator Edmuuds
/ very much in earnest in the matter of his
| bill to provide for The appointment of
| civil officers The bill is not intended to
Superscde but to supplement. the
present civil service law, and has been
introduced tor the purpose of curing some
of The admitted defects in the present
statute. The chief evil of the existing
system, in the opinion of Mr.. Edmunds,
Is the fact that the unconditional power
of removal is still vested in the president
of the United States and in the heads Of
the executive departments At the time
the civil service law was enacted it an
peared from the discussions in both
houses that there was great doubt as to
| the constitutiOnality of any law which
would limit the power OF removal. The
provision in the present law which pre-
scribes the eligible lists is Il concession to
the view that the constitutional power of
the president TO choose from several ap-
plcants should not be intringed. Since
the civil service law was passed, how
ever, it appears that the United States
supreme Court has rendered decision
which declares that Congress has the
right to limit the power of removal as to
certain classes of offices. That decision,
recently rendered, has been overlooked 50
far as ii is applicable to the civil service
of the government, but it is the decision
upon which the new bill of Senator Ed
muuds is in part based. The decision is
the one that was rendered in the case of
the United States VI. Lyman b. Perkins,
No. $50, October term, United States
supreme Court The point at issue i'm
this case as to the power of the secretary
of the navy to remove the plaintiff, who
was a cadet engineer. Upon this subject
the United States supreme Court said
I'VE have no doubt that when Congrcss.bv
law vests the appointment OF inferior officers
in the heads of departments il may limit and
restrict the power of removal as 4 deems
best for the public interest. The constitutions
al authority IN Congress to thus vest the APP
pOin mcnt implies authority to limit, restrict
and regulate the removal 10y such laws as
Congress may enact in relation to the officers
to bc appointed. The head OF II department
has 10 constitutional prerOgative of appoint
mCnt to offices independent of the lcgisat ON
OF Congress, and by such legislation he must
/ he governed not only in making appoin ments
/ but IN all that is incident thereto"
This was the language of the Court of
| Claims, and the United States Supreme
| Court adopted this view Senator Ed
munds, being asked by your correspon-
dent If he would he willing to state his
purpose in Introducing this bill, said:
The bill means, in the first place, that
the influence of the Executive over the
Senate and senators, on aCCoInt OF his
possession of vast patronage, is so great
that he practically has now the power of
appointing all of these officers that are
not named in this bill 1t is only in the
instance SO extreme of discovered circum-
stances of bad conduct and character, and
the like, that, if 1t came to the knowledge
of any president of the United States him
self, he would refuse to make the ap-
pOintment, that the Senate rejects the
nomination. have thought that it was
an object of public interest to diminish
the extent ana power of Executive patrO-
mage, particularly rs connected with its
influence upon the deliberations of the
two houses of Congress, and especially of
the Senate. | have, therefore on that
branch of the case supposed that the
Senate, in giving him the same power of
appointment of these As of other officers,
is not giving up Il function that is now of
any substantial, practical value. AS tC
the ether part II the bill. which fixes the
tenure OF these offices, have thought
that the same considerations OF limiuish-
ing the power of Executive patronage OF
promoting The Interest OF IL service in
which the officer should be a servant OF
the law when fixes and regulates and
describes his duties, and makes him nC
longer II henChmau of the President OF
the tulted States, holding mis- official life
at the pleasure of the president al all
times, would he also a great public adj
vantage. II is now within the power OF
the people, through Congress, if theylWiSl
for Il real civil ,erVicr reform, to take the
great body of these mere working, admin
lStrdtiVe officers OUt OF the prizes OF poll
tics ana party reward, and believe, just
as 1t has been tpuud ia al! IT the States
that the Wurk az the government will 70
on Infinitely better, and that the contests
OF pontics VIII Income a good Gc1' NOR,
contests a. to measures and Il ..uuu dea
les, "a struggle for place.