The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-08-27
Civil-Service Commissioner Lyman Explains
the Intent Of the Law Relating to the APP
pOintment Of Old Soldiers to Office.
Possibility that Frederick Douglass Will
Not Accept the Mission to Hayti.
Congressman Owens Views Concerning an EI-
ira Session-The President Has Not Fixed
Date-Bids for the New Cruisers.


The Act Relative to appointment of Veterans
Explained by Commissioners Lyman.
WASHINGTON, Aug. 26.-The attention OF
President Lyman, of the Civil-service Com
mission. was to-day called to dispatch
from Indianapolis, in which it is stated the
postmaster at Indianapolis and the local
civil-service board. being unable 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. who, in it's reply, holds that a
soldier is not to be given preference unless
he was discharged from the service on ac-
count 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 follows No person
shall be examined for carrier, 1T under
twenty-one or over forty. In reply the
board was informed that the maximum
were held by the commission not to apply
to persons entitled to preference under sec
tion 1714 Revised Statutes; To all other
persons they do apply. The dispatch To
which you call attention seems TO imply
that the commission has made some new
rule that discriminates against the old
soldiers in the matter of preference. This
is, however, not the case, and In order 10
make the matter perfectly clear, let me
state to what persons preference Is given.
why it is given, apd why given 10 those
persons. and not to others.
ION March 3, 1866. Congress passed
joint resolution. two sections of which sub
sequently became Sections 1754 and l755,
Revised Statutes and are as follows:
"section I754 Persons honorably discharged
from the military or naval service by reason OF
disability resulting from wounds or sickness in
hall nfnr rradr
appointments TO civil offices. provided they are
found to possess the business capacity necessary
for the proper discharge OF the duties of such
office.
ssSection 1858. 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. dis
ease, or the expiration OF enlistment, IL Is re-
spectfully recommended 10 bankers merchants,
engaged in Industrial pursuits, to give them
preference for appointments TO remuneratlve
situations and employment
THE intent of Congress in this legisla-
tion. is perfectly evident, namely: First.
those who were h0nOrably discharged from
the army or navy by reason of dis stability
resulting 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
recognition of persons engaged In indus
trial pursuits, etc. those honorably dis
charged from the army and navy by 'rea-
son of wounds, disease or the expiration of
visions are in the same act. and as to civil
office the distinction is clearly drawn be-
tween those who were discharged
from disability and those who were not so
discharged, the former being given
preference and the latter not. In forming
rules under the clvil-service law, the Civil
service Commission, without any addi-
tional legislation, would have been bound
H. L. 6 xrx-A +nnf 70.
statute, now Section 1854. Revised Statutes;
but Congress did not leave the commission
in any doubt on the subject, Section z OF
the civil-service law containing the follow
ing provision:
"But nothing herein contained shall be con-
strued to take from those honorably discharged
from the military or naval service, any prefer
ence conferred by Section 1854, Revised Stat
utes.
How has the commission treated those
whom Congress, by this legislation. says
shall be preferredf 1T has relieved them
from all maximum limitations; has fixed
the minimum grade of eligibility at sixty
five, while for all others it is seventy, and
has provided that they, shall be
certified to appointing officers before
all others of higher grades. The civil-ser-
vice rules limit the preference TO those
to whom Congress give 1T. Had the Civil
formulating rules, given preference to other
classes, it would have been an assumption
of legislative functions clearly not dele
gated to them, and would have defeated
the purpose of Congress TO give preference
in civil appointments to a certain limited
class, which Is Enthusiastically described. lt
has long been painfully evident to the
commission that Section 1854 is very in
equitable in its operation, and the atten-
tion of Congress and the public has more
than once been drawn to the matter, but
as long as that section reIpains law, the
civil-service rules must give preference to
those described in it, and not to any others
in the same way or sense. Congress alone
can enlarge OF abridge the class to which
preference shall be given"