Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-20

the discretion Of the head OF the department:
the PRESIDENT certainly has no power 10 re-
move. These clerks fall under that class Of in
iefior officers the appointment Of which the
s oisus W authorizes Congress TO vest in the
head OF the department.
beyond all controversy, il is within the power
OF congress IN providing Offices within the ex-
ecutve departments and in providing for the
appointment OF persons 10 these cffices 10 fix
anu denne the tenure OF the Office holder. to
make II Tor a term of years or otherwise and 70
limit and abridge the power Of the head of the
department as to Removals. or to abroeste that
power entirely. In this case the Question ia
has Congress limited or abridged the power Of
removal that is conceded to be vested in the er-
ecutive officer unless otherwise provided by
law?
THE ONLY LIMITATIONS.
The only provisions OF the Law or Of the rules
promulgated by the President that limit this
general discretionary power of removal are the
fifth subdivision of section p and section Is Of
the act of 1888. and the general rule No 1. sub
division 5 is in these words:
That no person in the public service IL for
that reason under any obligation TO contribute
to any political fund or 10 render any political
service. and that he shall not be removed or
otherwise prejudiced for refusing to do so-
Section IS is in these words:
No officer or employe OF the United States
mentioned in this act shall discharge, or pro-
mote, or degrade, or. in any manner change the
oh1cial rank or compensation of any other
ofhcer or employee. or promise or threaten so to
do, for giving or Withholding or neglecting 70
make any contribution of money or other
valuable thing for anv political purpose"
General rule l reads thus:
ANY officer in the executive civil service who
snail use his official authority or influence for
the purpose of interfering with an election or
controlling the result thereof, or who shall dis
miss or cause to be dismissed. or use influence
OF any kind to procure the dismissal Of any per
son from any place in the said service because
sucn person has refused 10 be coerced in his
political action. or has refused TO coptribute
money FOR political purposes or has refused to
render political services. and any officer, clerk
or other employe in the executive civil service
who shall wiIlfully violate any OF these
shall be dismissed from Office
THE PETITION DENIED
Ii is therefore apparent that Congress has
LEFT in the heads of the departments all the dis.
cretonary power that was vested in them prior
TO the passage Of the civil service law or pro-
mulgation OF the civil service rules except 10
the extent OF the limitations contained in the
PROVISIONS OF the law and of the rule lust mem
uoneu- The extent of those limitations on their
proper construction II ls not necessary for me 10
declare. They relate solely aud exclusively TO
matters political. IL is sufficient for the pur-
poses OF this case that the reason assigned for
dropping the relaior from the rolls does not
come within any of these provisions. and that
therefore il was clearly within the power Of the
Postmaster General TO remove him for the
cause assigned
The petition must be dismissed