Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-20
THE PULASKI CASE,
CONTINUED from First Paqe.)

|
accordance with the general rules and the rules
relating specially to each branch of The classi.
fed service.
CIVIL SERVICE REGULATIONS.
Inc civil service commission has also pro-
muigated certain regulations. In so far az
these regulations relate to the examination of
persons seeking to enter the civil service or re.
iate 10 the administration Of the Office of the
civil service commission thev are undoubtedly
autnorized by law. To the extent, however,
that they may go outside OF and beyond tbe
limitations that have been imposed by the ne,
OF Congress of 1888 they are entirely unauthor-
Heu py law. aud to .he extent that they 90 be-
yond those limitations under anv authority
cnimed to be vested in them under general
s Ia.e 40. 8 they are not authorized by law, I'M
ger the general principle that the power to pro-
nlugate rules having been delegated by Con-
gress TO the President Of the United States n in
NOT WITHIN the power Of the President of the
Chi.ea states to lawfully delegate any portion
| a. .nat power or authority to the commission
an! regulation, therefore, that imposes upon
any appointing official any additional duty with
reference TO the appointment Of any applicant
TO position under the civil service r. man.
thorized and is not entitled TO Consideration
upon the question to be determined in this
proceeding. " 'A''
Under the civil service act of Jannarv ,e
1888. II is provided that rules shall be promul.
gated declaring that
'Ah tho Offices, places and employments so
s ARA or TO be arranged in classes shall be
nlled Dy selections according TO grade from,
among tLose graded highest as the results of
such competitive Examinations"
III Is also declared that notice shall be given
In writing by the appointing power to said COM
mission OF persons selected for appointment OF
employment from among those who have been
examined" &C.. land the result of the same
shall be kept by said commission"
by postal rule No. il is provided that in
case of a vacancy to be filled by a new appoint
nent the postmaster at the post Office in which
vacancy exists shall make requisition upon
the board Of examiners in such a case as that of
the relator for the names Of three males who
upon an examination have been found eligible
to the vacant place. Upon a certification to
the postmaster of three names, he NAV select
one from the list If at the time of making the
selection there is more than one vacancy. he
may select more than name. Tn, person
thus designated shall be notified and upon re-
porting in person TO the postmaster, the rule
provides, "Shall be appointed for probational
period OF fix months. at the end of which period
II his conduct and capacity be satisfactory TO
Ine postmaster, he shal receive absolute ap-
pointment."
THE RELATIONS CLAIM.
The position here that has been insisted fpon
In behalf OF the relator is that, having been ap-
pointed for probstional period Of six months
factory to the postmaster. he has the absolu,e
right TO be retained in his position until the ex
piratlon OF Six months. when, such conditions
continuing under postal rule No. 4. it is pro-
vided that he shall receive absolute appoint
ment"
Thequestion back of that however. is whether
bis appointment in the first instance was regu-
lar, within the provisions of the civil service |
law and rules. The question as to his right 10 /
retention until the termination of the proba- |
tional period In my judgment is no different |
from the question that could be raised by any |
official within the classified civil service who |
being discharged without cause SEEKS BY MAN. \
oamus Reinstatement in his position.
Upon the question of the regularity of the |
appointment of the reiator. will disregard as /
unimportant and not binding upon the post
master any civil service regulation which re-
q1ired the postmaster to report to the board of
civil service examiners within three DAYS after
a certified list of names was received by him the
maine or names he selected
The provision OF the statute with reference
TO notice TO be given by the appointing power
that had been quoted and as well postal rule 8.
"nlch requires That each postmaster shall re-
port TO the board OF examiners every proba-
tonal and every absolute appointment. imposes
no limitation OF time upon the postmaster
within which he must make tina. report. IF
such limitation OF time were made by Law or
by authorized rule. it would in nv Judgment. I
De merely directory, and il not strictly COM
piled with would not affect the validity or the
regularity OF the appointment The oficiM re-
rostmastor 20 az -. "a .ppo'n'meht py tne
ever annarertIv n cond,,;a ,..a.I,f ~, nov
duty innosed nn,,, the onD,. Gu 70 ne
A record of sucb ss,e.f;on rr .a,so;. cl maAinS
nasmncb as il Is San;aJ b., ,npP o.n.en'' anu
case Thar sncb renor, ras 80 % IA .nis
!. exay,iners !, l. w 'ne poaTo
much Of the r.,isf son,h. h ansMe. 10 80
Dravs that the com,n;sS;n, ~, ~ tne Peulioh as
make n record ., ~ ~ .l' oo iequireo 10
80 ''"Ppon'nene
- 'LAhiii w HIS APPOINTMENT.
upon the other question. Of the regularity Of
he appointment OF the relator and of the pro. ,
,rictv of his being dronned from the ro,,s n.
.,nso ~ .-,,t ;uua.,.,--.. :. ,
a;r,,a,.roi,, a.. sd. ~ ooes not appear
ri,iab .a.,,:;.'s n ., ou tne Hst oi tnree names
,,user WIS f,1r,,sha5 =. =. .ne reia'or ana ger
,arv % Isaa ,hara S,s ,,,- s, On Jan
NO v,rancv Gov ,,;oh Grs. .nan one remain ,
nd Ia which he w,s onnn;n..S Vas W seaec'eo ,
sere however that ,hara 49,. "a, - ING rae
acancies and tL.t ,ha ,>..-. e
elected f;e,b,usor - Il. peIe ao.uAis ,
nd gave notice 81 tha saIoa,;n. 49,, ~ M mem,
nlv 10 tho HOW'D - as...,; ". oe. nAuser
mistake The mama % he .ai..r onit.ng ..
be oninion that tho srhsnan.. would oe OF
e the reIa-or would he rasr'I en. .appo,ntment
be provisions on the c;v;I sa.u;s anu "isnin
uIes 'ei'iee Id" anu
Tpon the recor1 b,ro,,,r
enied that the na,ns 81 81. appears, IL rs
,cte, frnn tha, cor,;s.a.. or was Sc I
onc!usion. not by reason % a;rsct s...a ~ ~. q