Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-20

Judge Bradley, in Circuit Court, No 4, this
afternoon rendered an important decision
in the matter Of the enforcement
Of the civil service laws, holding,
in effect, that an employee Of the government
appointed under and subject to such laws can
not be dismissed from the service without Just
and sufficient cause and that the courts have
the right to pass upon the tufhciency Of the
cause.
The case in question was that Of the petition
Of George 7. Pulaski for a mandamus against
the civil service commission and City
Postmaster Sherwood requiring them to
reins tate the petitioner, who. having in Febru-
airy passed a civil service examination. was the
following month appointed Q substitute
letter carrier in the local post Of
fee. Postmaster Sherwood having
failed to observe rule of the civil service CON-
mission requiring notice of appointments to be
made to the commission within three
days time, the commission directed
that the petitioner be dismissed. This direction
was obeyed. and the petitioner, alleging that
TONERS fault, prayed the court to compel his
reinsi atement
THE DEMURRER
The respondents, demurring to the petition,
set up first. that one Of the matters Of law Was
that the petitioner having been dismissed and
dropped from the rolls. as alleged, the
said civil service commissioners ought
not to be required TO record any ap-
pointment Of said petitioner to the Office OF
substitute letter carrier, prayed. for the
son that the said petitioner did not at the time
Of the filing Of the said petition. and does NOT
now. hold the said Office OF substitute letter
carrier.
Second. That'Henry Sherwood ought not to
be ordered by this honorable court TO make any
order of reinstatement Of said petit
toner, as prayed, for the reason
power or authority in Law TO make such re-
instatement, even were there q vacancy now
existing, and said petition does not aver that
there is no such vacancy.
Third That an appointment to Office by an
executive officer is not a mere ministerial act
and mandamus will not lie.
THE JUDICIARY AND THE APPOINTING PowEl.
For the respondents it was argued that tbs
matter of appointment to civil Office is purely
political matter and is not cognizsble by the
judiciary. and that however clear it may APP
pear that an appointee TO the classified
service has right 10 remain In his Office within
the well-recognized spirit OF the civil service
law, IT is clear in this case upon
the showing Of the petition, thst
the petluoner mas never reached tnat stage
of Office holding; that is to say, he held an APP
pointment upon probation only OF he held any
valid appointment and would not in any event
be entitled to an absolute appointment with
in the classified service until after
the six months period of probation
had expired Within that time It cam
not be questioned, 1t is respectfully submitted,
that he could be dismissed and the executive
officer not be required TO assign any ground for
the dismissal
The civil service law Of January 16, 1883 cd
ed. Rich. Sup. PIP. Ssi-5) provides for the class
ification of certain Offices. and the appointment
for period Of probation is distinctly provided
for, and there no limitations placed upon
the executive in his power to remove within
that time.
Judge Bradley overruled the demurrer and
gave leave TO the respondents TO answer that
they might If possible show cause for the pen
TONERS removal Answer will be made AMI
the question argued at the earliest PRACTICABLE
day.