Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-09-29
TIE CASE OF MR.. nAYlY.
Transfer Ordered. which. II b said. He
Deciines 10 Accept.


Yesterday afternoon - soon a. the Comma
s'eners bad completed the hearing in the case
OF Deputy Health onieer Bayly in regard 10 his
recent assault upon . reporter Of a morning
paper, - reported in yesterdays srAR. they
went into executive session aud decided upon
whatcourse to pursue In the case. II was stated at
the hearing that before any final action would
be taken the matter would be further investi-
gated, but when the president Of the board
called up the case for disposition il was de-
cided to act at once. II il understood that in
presenting the matter to the board Com
missioner Douglass said that there was
one Of three things to be done, either Mr..
Bayiy must be dismissed, transferred OF no
further notice taken Of the case. As far rs
he Was concerned he was in favor Of q trans
Ter. One OF tho Commissioners did not agree
in this. and 30 stated. urging that IL Mr.. Bayly
was unit TO hold his present position he was also
mat p TO bold any other position under the
District government This Commissioner
urged either dismissal or silence, but stated he
would submit TO the majority rule and vote ac-
cordingly. Then the following order was is-
sued;
That z. d. Tracy of the auditors Office is
hereby transferred to the position of chief clerk
OF the health ofice and that 8. p. Bayly, jr., Of
the health office Is hereby transferred 70 the
position held by said Tracy in the auditors
ONCE, both changes TO take effect October l."
MI. Bayly, however, has come out hst-footed
and refuses TO take the position rendered him.
holding that II would be a sacrifice of his man-
hood to sccede TO the wishes of the Commits
sioners, and, further. IL he was unfit to hold his
present position he would certainly be unfit in
any other under the local government
WHAT 10 SAID ABOUT THE TRANSFER.
In discussing the transfer today prominent
citizen said: at looks TO me like political
scheme to get rid OF the health officer.
II is well known, in fact. 1 have heard
1t myself, that Dr. Hammett would
not accept Mr.. Tracey as his chief clerk Not
that there was anything wrong with Mr.. Tracey
but he did not like to be forced to take man
be did not know. Why, the health officer GER
tainiy should be allowed to choose his own chief
clerk-s man who necessarily must be his conf
Dental friend
Beside, this the organic act provides that the
clerks Of the health department shall be ap-
pointed upon the Recommendation Of the health
officer"
TIE ORGANIC ACT EXAMINED.
Apropos OF this it may be stated that when
the board decided upon the transfer YESTERDAY
afternoon the question arose as to the pro-
priety Of appointing man in a
department without first consulting the head Of
the office. The organic act was brought out
clerks read.
1t lie follows:
Section 10. That the Commissioners may
appoint, upon the like Recommendation Of the
health officer, reasonable number Of clerks.
but no greater number shall be appointed and
no more persons shall be employed under the
health officer than the public interest demand.
and the appropriation shall justify"
A discussion eusued and il was finally decided
to construe the act to mean that the number Of
clerks and not the individuals should be rec
commended by the health officer, and 20 the
transfer was made.
DR. HAMMETr DECLINES TO TALK.
Toa STAR reporter today DIR. Hammett re-
fused to talk about the change in his Office. He
intimated, however, that the position vacated
was one Of trust and importance, and as be wa
directly responsible for the workings OF his
Office he should at least be allowed to select hls
first assistant.