The daily critic., 1890-07-15

nNur OF Efic gutfEthllaHlot Fe-- \ rtANlt-
fer CLERKS Must BE Examined.
The Attorney General has rendered
an opinion as follows in q case in which
the Civil Service Commissioners and
the Superintendent Of the Railway Mail
Service were unable to agree upon the
provisions Of the civil service law:
DEPARTMENT OF JUSTICE,
WksHINCTON, July s, 1890
The Pr6adst
SIR. Your communication Of june 3,
ultimo, with the papers therein referred to,
has received my consideration.
The question presented grows ont Of the
appointment Of three railway transfer
clerks at Albany, n. Y, who had not been
examined and certified for appointment by
the Civil Service Commission.
The Civil Service Commission hold that
these appointments were illegally made,
because the appointees had not been ex-
amined as required by the civil service
rules while on the other hand the Superin-
tcndent Of the Railway Mail Service con
tends that they were valid, as coming
within the amendment Of clause FIVE Of
railway rule two, which was adopted
August 10, 1850, and some months before
the appointments were made.
The amendment Of clause five excepts
"from examination in the classified rail-
way mail servicen "clerks employed Cr-
clusiUClV as porters In handling mail matter
IN bUlt iH sacks or pouches and not other
tCiSe.n
The facts found on the spot by Civil
Service Commissioner Lyman are that the
duties OF the transfer clerks In question
were ITO handle mail pouches and sacks,
look after their safe keeping and transfer
them between trains and between the post.
Office and the trains; transfer registered
matter In pouches or sacks between the
depot and postoflice; take letters from the
station letter boxes and assort them for
the outgoing trains, delivering them to the
railway mail clerks on the cars according
to their proper destination. In transferring
registered matter, the transfer clerk receiv-
ing it, whether az the trains or at the post
Office, is obliged to receipt for IL, enter the
packages in detail in book kept by him
and obtain a receipt for them in this book
from the party 10 whom they are delivered.
The handling and transfer of open regis
tered mat ter aud the handling aud asserting
Of letters taken from the depot boxes are
as constant and habitual with these clerks
as are the handling and transfer OF closed
sacks and pouches.
These facts were ascertained and com
municated to the Civil Service Commission
by Commissioner Lyman In obedience to
Instructions from the Commission to him,
as appears by his letter Of April 4, 1890, a
copy Of which Is among the Enclosures OF
your communication Of June ultimo, and
do not seem to be controverted anywhere
in the correspondence referred 10 ine. I,
therefore, assume them TO be what they
purport 10 be, rather than return the papers
to you with the request that the Civil
Service Commission be asked TO make a
statement OF the facts involved, IN CON
furmity with the settled practice Of this
Department.
II Is also stated that persons lischarging
the duties which the appoiutees in question
have been performing are legally known
and designated as clerks, and this we also
assume rs a fact In the case.
In view 0f these facts, Il Is perfectly clear
that the transfer clerks In question DO not
come under the amendment Of clause ) Of
Railway Rule H., which applies only 10
clerks employed crclasirciy .gs p0rtcrs IN
handling mail matter ia bUik in sucks or
pouches, and n0t 0bcuri1r,n and, CON
sequently ! am Of opinion that these
clerks should have been examined, aud
that, not having been, they were appoint
cd Ia violation OF the rules lawfully estab-
llshed for the benefit Of the civil service Of
the Government,
am aware that section 1919 of the postal
regulations ted. 1857, page 36fl provides
the approval OF the general superntend-
ent, detail clerks at certain important
junctlons to look after the handling Of
malls az railroad depOts, aud % perform
such 0ihcr duties pTiabtiiig % the RailVdy
MaA Serulee as may b. required. They win
be entirely nnder the supervision Of their
division superintendent, and will look TO
him only for all Instructions
This regulation, however, cannot prevail
over, but must yield TO, the subsequently
adopted amendment Of clause 5, which
should be strictly confined to the class Of
transfer clerks therein mentioned.
AS TO the question started by COmmis-
sioner Lyman with regard 10 the legality Of
the payment Of the salaries Of the APP
polnteos, it is not properly before me, and,
therefore, nothing herein Is TO be construed
as an assent 20 the proposition that the
money paid to these de tuct0 clerks ought
TO be disallowed.
have the honor 10 be your obedient ser
want,
(siguedl ". II. IT. MILLER,