Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-08-27

WASHINGTON, August 26.-The atten-
tion of President Lyman, of the Civil Ser
vice Commission, was to-day called to a
dispatch from Indianapolis, in which it is
stated that the Postmaster of indianapolis
and the local Civil Service Board, being un-
able to agree upon the meaning OF the rules
relating to the appointment to Office of old
soldiers, the matter was referred to the Civil
Service Commission, which in its reply holds
that soldier is not to be given preference
unless he was discharged from the service on
account of disability contracted during his
term of enlistment
Mr.. Lyman said: '"The question raised by
the Indianapolis Postal Board was simply
to the maximum age Limitation for letter
carriers, the rule on the subject being as fol-
lows: No person shall be examined for car
rier if under q or over 40 In reply the
board was informed that the maximum
LIMITATIONS OF AGE
prescribed by the rule were held by the
commission not to apply to persons entitled
to preference under section ], IA Revised
Statutes. To all other persons they do ap-
ply The dispatch to which you call atten-
ton seems to imply that the commission
has made some new rules that discriminate
against the old soldiers in the matter of
preference. This is, however, not the case;
and in order to make the matter perfectly
clear, let me state to what persons prefer
ence is given, why it is given, and why
given to those persons and not to others.
On March 8, 1865, Congress passed joint
resolution in two sections, which subse-
quently became sections LISA and ,755 Re-
vised Statutes, and are as follows:
Section l. 754-Persons honorably discharged
from the military or naval service by reason of
disability resulting from wounds or sickness
incurred in the line of duty shall be preferred
for appointments to civil Office, provided they
are found to possess the business capacity
necessary for the proper discharge of the duties
of such Office.
Section L755-In grateful recognition of the
services. sacrifices and sufferIngs of persons
honorably discharged from the military or
naval services of the country by reason of
wounds, disease or the expiration of enlist
ment it is respectfully recommended to
bankers, merchants, manufacturers, mechanics
farmers and persons engaged in industrial pur-
suits to give them the preference for appoint
menrs to remune-ative situationssand employ
ment
THE PLAIN INTENTION.
The intent of Congress in this legislation
is perfectly evident namely: First-To
give preference to civil appointments to
those who were honorably discharged from
the army or navy by reason of disability re-
sulting from wounds or sickness incurred
in the line of duty and who are found to
possess the necessary business capacity; and,
second-To recommend to the grateful rec
ognition of persons engaged in industrial
pursuits, etc., those honorably discharged
from the army and navy by reason of
wounds, disease or the expiration of the
term of enlistment.
Both these provisions are In the same act,
and as to civil Office the distinction is clearly
drawn between those who were dis
charged for disability and those who were
not SO discharged; the former being given a
preference and the latter not. In forming
rules under the civil service law the Civil
Service Commission, without any additional
legislation, would have been bound to take
notice of and give effect to this statute, now
section 1,754, revised Statutes; but Congress
did not leave the commission in any doubt
on the subject section of the civil service
law containing the following provision:
Rpt nothing herein contained shall he CON.
strued to take from those honorabiy discharged
from the military or naval service, any prefer
ence conferred by the one thousand seven hun;