Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-10

In the Circuit Court, Division 1, Judge
Bradley, tins morning the mandsmus case Of
George T. Pulaski agt Postmaster Sherwood
and the civil service commission to compel the
restoration Of his name to the register wa
! heard.
Mr.. Armes read the answers to the return un.
der the amended petition. Mr.. Beall, for the
rslator, moved to quash the returns, claiming
that they showed no good grounds why the
writ should not issue, and proceeded to argue
| that the law had not been observed by the post
master; that there is nothing in the last report
of the commission to show that such law as ID
set forth has been promulgated by the Presi.
dent, and that everything REQUIRED had been
done by the relator. and he claimed that the
action taken by the postmaster was a fraud on
the law. He claimed that the regulation requir-
ing the officer to notify the commission in three
days was not warranted by law. He claimed
that the law as to certikcation was not manda-
tory.
THE RETURN.
The return Of the commission and the post
master admits that the petitioner applied to
enter into a competitive examination before
the examining board Of the CITY post Office,
and that he was admitted 70 and par
ticipated in an examination by said board Of
examiners held in the month Of August. 1892
aud that he was subseq gently notified that he
had made the required average and passed said
examination, and that the reator name was, in
accordance with law, entered upon q register
containing list Of eligibles to appointment
rs substitute letter carriers" and that said
list was duly posted
90. II is also admitted that on the
Esd day OF January, 1893, the post
the secretary Of said board Of examiners that
be desired q certificate of three names made
out to him from said ''list of eligibies to ap-
pointment as substitute letter carriers" ss the
law required, and that the same day said secre-
tary, VIM. D. Peachy, did certify to said post
n. Gerhauser and George 7. Pulaski. but it il
denied Except as hereinafter set forth
that said postmaster had at that time
more than one vacancy to I'LL
in said Office in the classified hist dencminsted
substitute letter carriers, and denies that the
postmaster selected said Gerhauser and said
petitioner from said certificate on the said Esd
day of January, 1898, and hs AYERS that said
Gerhauser only was selected from said certifi-
cate. and that notice thereof was duly given
said commission.
ADMISSIONS AND pHxrALs
The averer admits that on the Goth day of
February, 1898, said postmaster requested said
relator in writing to call upon him, and that
said petitioner fled a bond which was ap-
proved, and that on the second day
Of March. 1898, said petitioner re-
ceived. in form. an appointment made by and
by authority Of, the postmaster general, to
said Office of substitute letter carrier;
but he AYERS that said appointment
was irregular or voidable or void in
law, al he denies that said notice
Of APP OF ntment was duly made to said civil
service commission, according to law. on the 5th
day Of April, 1s9S as alleged. and be denies
that said commission is required by law to
make any record Of said alleged appointment.
He has no knowledge as to the truth of the
allegation that the relator surrendered q posi-
ton as bookkeeper, but he admits that the
relator purchased q uniform. and that he went
to work and continued until ordered to stop on
unlawful, and AYERS that said postmaster Of
fered to reimburse the relator for his expendi-
ture for said uniform.
FURTHER pENIALs.
BE admits that the said petitioner applied to
the postmaster for restoration to said oaics,
and that it was refused; but he AYERS
the said Postmaster General could lawfully
make such restoration He admits that
the relator on May 1, 1893, requested
the said commission to record said
appointment and that the commission
refused SO to do; but he AYERS
pointments only when notified by the secretary
of said board OF examiners OF q selection made
for the purpose from q daily authorized certifi-
cation.
He denies that said petitioner is legally en-.
titled to hold and enjoy said appointment. as
alleged in paragraph i3. and ne denies that be
has been uulawfuly ousted from said Office.
and he AYERS that said appointment was made
without compliance with the law governing the
civil service. no selection Of the reistor having
been made for appointment according to the
law, rules and regulations governing such ap-
pointments
The respondent further answering saws that
the facts in the premises are as follows:
There has been established in the CITY O.
washington. in accordance with an act of Com
gress entitled An act to regulate and Improve
the civil service Of the United States"
approved January Is. 1883, board Of
examiners of TIE city post oasce. Of which
William u. Peachy rs secretary; that the Pc
titioner having been examined and found
qualified by said board FOR the position of substi-
tute letter carrier his name Was placed upon
list Of eligibles to that position, kept by said
secretary. the civil service commission being
provided with copy.
THE MEN SELECTED.
On the Esd day of January, 1893, the city
Postmaesef, ueshriuS 70 ootaan the appointment
of additional substitute letter carriers to Gil
three vacancies in said Office, drew his reauisi-
ton upon the secretary OF said board of
examiners for names from which to make a
selection for said appointment. In compliance
with said requisition the said secretary of the
board OF examiners certified to the postmaster
the three names following: VIM. r. wheatley,
Charles x. Allen and Charles D. Graves.
Said certificate bears date January %.
1888. is numbered fifty, and is upon the
regular form prescribed by the civil
service commission. Said postmaster YER
bally informed said secretary of the
board OF examiners that be had selected from
said certificate numbered SO the aforesaid VIM.
r. Whea:ley and Chas. ID. Graves. and that he
desired new certifcation from which to
selec. the third substitute letter carrier:
whereupon, on the same day, the said secre-
Rotary Of the said board Of examiners
certified the three following names to
said postmaster. namely, the Aforesaid
Charles K. Allen. George NJ Gerhauser
and George T. Pulaski. Said certificate
bears date January %. 1888, is numbered 81.
and is upon the regular form prescribed by
the civil service commission and contains
printed instructions, among others to the post
master follows:
Selection from this certificate should be