Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-08-07
CIVIL SERVICE QUESTIONS.
Some PuzzliBg Ones are Answered by
the Attorney General.

The legislative, executive and judicial ap-
preparation act. approved July IL. 1890. con-
tanned the following proviso in connection with
the appropriation for the civil service commits.
sion:
Provided. That hereafter every application
for examination before the civil service
commission for appointment in the de-
psrtmentsl service in the District of Columbia
shall be accompanied by certificate Of an Off
Ger. with his official seal attached Of the county
and state of which the applicant claims to be
q citizen. that such applicant was at the time
Of making such application an actual bona f1de
resident Of said county, and had been such
resident for period of not less than six
months next preceding. but this provision shall
not apply to persons who may be In the service
and seek promotion or appointment in any
other branches OF the government"
The commission being in doubt as to the
proper construction OF the last clause OF this
provisO and desiring the opinion OF the Attor-
ney General thereon submitted to that officer,
through the President. the following inquiries:
/. Whether the word service in the last
clause Of the provisO can be held to mean
classified departmental service. in view of the
fact that the proyiso relates to applications for
examinations for that service only: or, if not,
then to what the word does apply"
z whether the words promotion or ap-
pointment in other branches of the govern
ment' can be held to mean promotion or ap-
pOintment in other branches Of the classified
departmental service OF the government and
be thus limited IN their application; or. il not,
then what their meaning and limitation are"
T. What officers may make the certificate
re9uired?"
10 these inquiries the Attorney General has
replied in substance as follows:
To the first inquiry: The words depart
mental service and the SERVICE used in the
prOviso, mean one and the same thing.
The full meaning of the words who NAV be in
the service and seek promotion or appoint
ment in anv other branch OF the government
Is as though expressed in the following language
namely. who may be in the classified civil serv-
ice In any department and seek promotion or
appointment In any other department of the
government To belong to the classified de-
partmental service at all means, undoubtedly
TO be In that service IN some one departmen mt.
There seems to be good reason for
the exception In favor of applicants from out
side the District of Columbia already i'll the
service for promotion appointment. namely
that their continued residence in the District
might render II difficult for them TO obtain the
required certificate. II was for this reason. no
doubt. deemed unjust by Congress to make this
stringent legislation applicable TO such cases"
To the second inquiry: My opinion is. as
already stated. that the words promotion or
appointment in any other branches of the gov
eminent mean promotion or appointment to
the classified civil service of some other de-
partment than that to which the applicant may
belong. / am not called on to consider
whether there can be promotion from the
service in one department to that in another
a. there can be an appointment. and conse-
quently do not consider that question:
The third inquiry. not given above. related
to particular cases stated and the answer to il
was involved in the answers to the first two
To the fourth inquiry: Congress has not
seen mt to designate any particular county
officer. and, therefore. must be presumed to
have left 1t to the civil service commission to
make that matter the subject of regulation.
lie was. no doubt. wise in Congress TO stop with
the requirement that the certificate shall be
made by some officer of the county and state of
which the applicant claims to be u resident
for the designation by Congress of an officer or
officers might have led to difficulty, in view of
the differences III the particular of county Or
ganlzatIOn IN some of the states, and the
changes in that particular that are going on
pretty much all the time"