Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-20
He Was Not a Lawfully Appointed
Letter Carrier.
His PETITION FOR A MANDAMUS DENIED
The Facts on Both Sides Fully
Set Forth.
JUDGE BRADLEY'S OPINION.

STAR, rendered this morning his long expected
decision in the Pulaski case, which decision,
because of it's construction of the civil service
laws and regulations, had been awaited with
great interest, not only here, but throughout
the country. In the first stages of the case
Mr.. Pulaski appeared to have somewhat the
pinned their faith in the case were dashed to
the ground by Judge Bradey's decision Of this
morning, when he dismissed the petition for
the prayed-for mandamus. The facts in the
case are fully set out in the decision, which is
as follows:
Full Text Of the Decision.
the petition in this matter shows that the re-
lator was duly examined under the civil service
rules for the position Of substitute letter car
rier, and in August. 1892, his name WAS duly
placed upon the list Of those who, having passed
the required examination, are eligible for APP
pointment: that on the 23d DAY of January,
1883, Henry Sherwood. the postmaster of the
city Of Washington. made requisition upon the
civil service board Of examiners for the certifi-
cation to him Of the names Of three persons
from the list OF eligibles for appointment as
substitute letter carriers, and that petitioner
was selected from that list. with another. and
upon the I'd Of March, 1898, he received from
the postmaster notice OF his appointment; that
he purchased a uniform, gave bond and entered
upon the performance Of his duties, which he
in every respect peri ormed satisfactorily until
unlawfully ordered by the postmaster to stop
work April 49, 1888; that the postmaster under
the unlawful direction of the Postmaster Gen
eral, and under the Unlawful instructions Of
the civil service commission, dismissed him;
that he was ousted Of his Office by the failure
OF the postmaster. the Postmaster General and
the civil service commission to perform their
legal duty under the act OF Congress: that he
had applied to the postmaster and Postmaster
General to be reinstated and TO the commission
| to have his appointment recorded. and had
been refused. and he prays for a writ OF man
damus against each Of said parties.
demurrer was filed. and the matter was
| presented upon partial argument of such de-
! murrer. The demurrer was overruled and the
| parties required to make return. all questions
| of law being expressly reserved, the court
merely holding that there was enough in the
| petition to justify the rule to show cause.
Each party has made return. the rule to show
cause was by stipulation OF counsel agreed to
be taken the alternative writ and the matter
WAS thereupon heard upon the motion of the
relator to quash the returns. BY the motion &c
quash the facts set out in the returns are con
| coded. and the question now is whether upor
those facts and the undisputed sverments o
the petition the relator is entitled to the wri
prayed.
THE FACTS REHEARSED.
By the returns it appears that on January %
1898. the postmaster had three vacancies {,
fill among the substitute letter carriers, an,
that thereupon he drew his requisiton upon tn
secretary Of the board OF examiners for name
from which to make selections; that list o
| three names WAS sent him, from which he Sc
lected two. and thereupon called for anothe
list Of three names from which to select third
that such list was furnished him, which con
tanned the names Of the relator and OF on
Gerhauser: that Oh the same day both list
were furnished. and the postmaster notified tn
secretary Of the board Of examiners that b.
had selected Gerhauser from the last certifi
cate and two other from the first certificate
which notification was duly reporte'
by such secretary to the civil ter
vice commission. and was by it duly recorded
that prior to the appointment of the relator
and after his name had been certified upon tn
list to the postmaster, on the 9TH day Of Feb
ruary, lS93 the board OF examiners held
competitive examination, in which forty-tw
persons obtained higher averages than the re
lator and under the law were entitled to prefer
ence over relator in certifcation: that after III
relator was dropped his place and other vacan
cies were filled from certified lists of person
entitled to priority Eim that when tn
postmaster notified the secretary of the boar
OF examiners that he had selected Gerhauser fror
the lis. containing the name of the relator. a
A
the Postmaster General or the postmaster ha
|, | no right to make any further appointment
without a new requisition and certlficatior
, because OF the civil service rules and reguls
tions, and because of the right of other eligible
under the law which had interviewed 1t
denied by the returns that the re.ator wa
, selected from the certified list, and it is denie
: that notice of such selection given to th
commission, but the report OF the postmaste
I of changes in his Office during the month {
March, 1898. disclosed this irregular appoin
ment Of the relator, of which irregularity IL
commission notified the postmaster April 1
1893 and thereupon, and because of such i
Z regularity, the relator was dropped from Il
8 rolls by the postmaster.
ERROR IN NOTIFICATION.
, BY the record it appears that on January 2
1898, there were three vacancies to be filled
the postmaster, and that he filled them fro
, names selected from two successive lists fu
I nished him by the board Of examiners on tn
i day; that later. on March 2. 1898. the relate
I whose name was one of the three upon the la
r list vas appointed. and that the civil servi
commission was FIRST advised of the appoin
meut by the report of the postmaster to Il
commission of chagnes made in his Office du
ing March, 1898. 1t is insisted by the respon
= ents that by q civil service regulation
was the duty of the postmaster to give mott
q of his selections for appointment within thr
days after the certication to him Of the list
names: that when he reported the sele
, ton of Gerhauser alone from 4
II list containing the name of the relator. tn
: list became exhausted. and that as matter
law the postmaster could not appoint the
lator without and unless he obtained M
= list of names of eligibles from the board
;. examiners containing that name The relat
l. insists that list con aiming his name havi
been certified to the postmaster. that ofhc
% acted within the law when he appointed hi
~ and that he was under no necessity of maxi
requisition for a new list.
o The civil service law is made up partly
&c direct enactment by Congress, and partly
rules authorized by the act of January It, lS
to be promulgated by the President of I
United States. BY this same act it is made I
lie duty of the civil service commissioners to a
a the President In preparing suitable rules
carrying the act into effect. and II is made I
g duty of all officers of the United States in I
IN departments and Offices to which the rules
ID late to aid in carrying them into effect. IS
r. 2, frst.)
r., The commissioners authorized by q
. act subject to the rules that NAV be made
4 the President to make regulations for and la
M control of the examinations OF all persons see
~ ing to enter any branch of the civil service a
h. to supervise and preserve records OF such {
y, aminations ard to keep minutes OF their p
~ ceedings No other statutory authority to
commission to make regulations exists in I
act
Rules were prepared by the civil serv
re commission and duly promulgated by