New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-27
A HARDSHIP TO VETERANS.
LIMITATIONS OF THE CIVIL SERVICE LAW.
THE ATTITUDE OF THE CoMMIssIoN-CoNGREss
ALONE CAN ENLARGE THE CLASS TO wHlOh

THE ATTITuDE OF THE oMMISSION-CoNGRESs
ALONE CAN ENLARGE THE CLASS TO WHICH
PREFERENCE SHALL BE GIVEN.
Washington. AUG o6-The attention Of President
LYMAN of the Civil Service Commission. was csiFn
today to dispatch from indianapolis, In WHO" ~
is stated that the postmaster at indianapolis ana 'no
local Civil Service Board. having been unaD'e " as00
upon tho meaning Of the rules relating 10 Vnc "p
pointment to office of old soldiers, the matter had
been referred to tho Civil Service Commission WHICH,
IN rs reply he'd held that soldier was not 10 eceNo
Indifference unless he had been discharged from the
service on account OF disability CONTRACTED during MS
torn Of enlistment Mr.. Lyman said;
"The question raised by the indianapolis Postai
Board was simply a. to the maximum age ll"''
for letter carriers the rule on the subject DOING ID
follows: no person shall be examined for carrier II
under twenty one or forty In reply ire boa'"
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 uhuer
Section LIZA Revised Statutes; to all other persons
they do apply.
The dispatch to which you call attention seems
10 imply that the Commission has made some ne"
ruling that discrimnates against the old soldiers IN
tho matter Of preference This Is, however, not inc
case. On March g. 1868, Congress passed JOINT
resolution in two sections which subsequently BE-
came sections 1854 and 1855, Revised Statutes
Tho intent OF Congress In this legislation Is pehcuS
W.
pointments to those who were hOnoraoly dscharga
nom the army or navy by reason OF disaDlty rsull
ing flpm wounds or sickness incurred in the 'ne OF
duty and who found to possess tho necessary
business capacity and second, TO recommend u tIe
grateful recognition Of persons engaged In Industrial
pursuits etc. those honOraby discharged from the
army or nav by reason OF wounds disease VI eio
expiration OF the term Of enlistment
Roth these provisions are in the same act and
as TO civil office the distinction is clearly drawn be
tween those who discharged for disability and
those who were not discharged, the former Deihg
given p preference and the latter not. In forming
Iucs under the Civil Service law. the civil Service
Commission. without any additional LEGISLATION wouid
have been bound take notice of and give enect 70
this statute now Section I.73f Revised statutes,
bnt Congress did not leave the Commission in any
doubt on the subject, Section 7. Of the Clvl service
law containing the following pwviSion ,But
nothing herein contained shall be construed 10 take
from those honOraby discharged from the military or
naval service any preference conferred by the lo4th
section Of the Revised Statutes
How has the Commission treated those whom
Congress by this legislation shall be preferred
II has relieved them from all maximum age iinlita-
tOns has fixed the minimum grade OF elglDiiliy az
sxty-ve while for all others II Is seventy ana has
provided that they shall be certified to appointing
officers before all Others Of hgher grade IL mas long
been painfuy evident to the Commission thar sec
ton 1854 Is very ineQuable In its operation and
the attention of Congress and the public has more
than once been drawn 10 the matter but as long as
that section remains law. the Civil Service rues
must give preference to those described In H. Con-
rress alone enlarge abrdge the class TO which
preference shall be gyen.'