Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-03

Service Commission.
The case Of George 7. Pulaski agt. the Post
master General, the civil service commissioners
and Postmaster Sherwood Of this city, in which
Mr.. Pulaski asks that mandamus issue against
ths defendants requiring them to restore him
to the position Of letter carrier in the
city post Office, was again before Judge
Bradley in Circuit Court, No. I, this morning
The case, a. heretofore mentioned In TIE
erAR, arose out of the dismissal from Office in
April last OF the petitioner, who, declaring that
he unlawfully dismissed. contrary 10 the
civil service laws. petitions the court to compel
the defendants to either show that he was law
fully dismissed or, failing to so show, to
Tstnstate him In Office.
THE PETITIONERS ALLxsArroxs.
The petitioner alleges that last August he
successfully PASSED an examination for appoint
rncnt as . letter carrier IN the Washing
ton city post Office; that on the
23d Of January last he was duly
certified for appointment; that having fled his
bond he was duly appointed on the I'd Of las.
March; that he reported for duty on the 9Th
duties until the 18th Of the following month,
when he was prevented by the post
master from further performing them,
and on the 22d Of that month
was summarily dismissed at the direction Of
The civil service commission. because Of an al
legged inforrnality In his appointment, in that
the postmaster failed to notify the COM
mission Of his appointment within
The three days time required by one
Of their rules. Two weeks ago the three
dstendanes, the civil service commission,
and Postmaster Sherwood, demurred to the
petition Of Mr.. Pulaski. alleging that the court
was without jurisdiction In the matter. Judge
Bradley overruled the demurrer, deciding, in
enect, that person having once been
s asly and legally "a, appointed ted, to an
could. upon dismissed, .requir. the oficiai max
ing the dismissal TO show cause. In other
words, Judge Bradley decided that the courts
could inquire - 10 the suficiency of such . dis
misssl The peasionerwas also granted leave to 30
amend his petition a. to make the Postmas-
we're required TO answer last Saturday. The
Attorney General was not ready at that time,
and the hearing was postponed until today.
THE ATTORNEY GENERALS DEMuRRER.
This morning Mr.. G. II. Amos, representing
Che Attorney General again fled . demurrer,
bAyfng that the amended petition was bad in
Substance because Of the following reasons:
!. One OF the matters OF Law to be argued il
nat Tho appointment to Office In the executive
vested by law in the heads of the respective
departments and all questions concerning such
appointments are Of political nature and be-
dong exclusively 10 the executive branch of the
government and rest within the conscience,
Judgment and discretion OF the executive on
Ger. and which the judicial department. of the
government has no Jurisdiction to revise or
control
q The petitioner having been appoin ted to
She ONCE Of substitute letter carrier, as he
tesrs, according to the laws. rules and&esula-
S1ons COVE rntng the civil service, still he was
eot entitled to hold said Office by any
eednits tenure, but was subject to removal at
9he discretion OF the executive, and having
Dsen removed by the Postmaster General. as
sllssed in paragraph eleven of the
E in his appointment. the question
Shether such cause was q sufficient cause and
he question whether he should now be reap
pointed are questions involving the discretion
- the Postmaster General executive
f<dcer, which do not appear to be renewable
~ court Of Law, and to which q writ Of man
eanrus h not applicable
4 q The civil service commission ought not to
y required BY order Of court to make any
fseoRd Of an appointment which has been recog-
p1ssd and determined by the head Of the execu-
i've department. who made it to be irregular,
DAd 30 mr. irregular as. in the Judgment Of such
DHecuf1ye ofhcer. to require cancellation and
bDvocasion-
THE DEMURRER ovERRrIyD
Again Judge Bradley overruled the demurrer
bf the respondents and intimated that they
bssned 10 be avoiding the real issue. He also
3ntimatsd that unless the respondents
6led their answer by next Saturday
- 10 O'Clock, he would direct the mandaurus to
Issue, and at the request of Mr.. Armes, who
stated that the Attorney General was not ready
To-day, he postponed the hearing Of the case
enc them
II h understood that the civil service CON-
onission have laid the case before the President,
that he might fully acquaint himself with all
NJ facts IN il. In their answer
- - said the respondents viii deny
Tie allegation of Pulaskis counsel. Mr.. Richard
j. Baall, that his client was dismissed simply
because the appointment was not reported to the
civil service commission within three days, and
VIII show that Mr.. Pulaski was one Of three per-
sons on the eligible list reported to the Post
he was not the person then Sc
3ected for appointment. but that
another examination had been held
and thirty or forty persons had received
higher percentage than Mr. Pulaski. the
hitter was appointed from the first, but then
unlawful, certiAcation- For these reasons, it is
said, the respondents will claim that Mr.
Pulaskis appointment was both IN
lawful and unauthorized. But should Judge
Bradley decide such reasons to be sufficient
grounds for the petitioners dismissal the
Tact VIII remain that he has held,
II his rulings so far be correctly in
serpreted. that the courts have the
right to inquire as to the sufhciency Of the
cause Of removal in the case of discharged en-
ployes of the government appointed or holding
ohce under the civil service laws and regula-
tons
BROKER PARDKIDGE ARRESTED.