The San Francisco call., 1896-05-15

ment employees may be IN partisan politics
is a hazy one with all that Is said about it
in laws rules and official opinions The
answer seems to be that Government en-
ploye in the classified service may hustle
about pretty much as any politician NAV
do as long as the official power over him
is not inclined TO repress his political &C.
tivity and so long as he does not commit
such gross violations OF the civil service
law and regulations that the Civil Service
Commissioners make take his case in hand
on complaint. The law intended TO take
the Government service out of partisan
politics accomplished that end mainly bv
taking it out of the pale OF patronage in1u-
ence. 1t represses the political activity of
Government employees more by removing
the need and motive Tor such activity than
by effectively forbiddlng 1t.
The last annual report of the Civil Sery-
ice Commission contains the exposition
up to date of what civil service people may
do in politics. One is little wiser after
reading it than before.
The civil service law contains a good
deal protecting employees from political
assessments, coercion. and so OH, but little
in regulation of their own conduct The
act provides that rules shall be made pro-
viding:
Sixth-That no person in said service has
any right to use his official authority or influ-
ence to coerce the political action OF any per-
son or body.
General rule l OF the revised civil SER
vice rules reads as follows:
Any officer in the executive civil service
who shall use his official authority or influence
for the purpose OF interfering with an election
or controlling the result thereof or who shall
dismiss or cause to be dismissed or use in
fluence OF any kind to cause the dismissal of
any person from any place in the said service,
because such person has refused to be coerced
in his political action, orshas refused to con-
tribute money for political purposes, or has
refused TO render poUtlcal service; and any
officer, CLERK or other employe in the execu-
tive civil service whc shall willfully violate
any OF these rules or anv of the provisions of
sections IL. II, IS ard IA OF the act entitled
IAN act to regulate and improve the civil SER
vice of the United States, approved January
16, 1888, shall be dismissed from Office.
This reads strongly. but that it becomes
bazy in practice is inferred from the expo
sitions OF the law and the rule given by the
Commissioners in their report. The main
Dody of the report contains the following:
The commission has many questions put to
it by outsiders, by Government employees and
by heads OF departments as TO what course
should be followed as regards active participa-
ton in politics by people in the classified
service. The rules against offensiye partsan
ship are usually strictly construed against the
opponents of the party in power, and leniently
against their adherents. Government officials
belonging to the opposite party are dismissed
for attending primaries, writing letters OF con-
graduation to successful candidates, and the
ike, while adherents of the party in power do
this ihingw impunity.
AS q matter OF fact, no rule about what is
deemed proper paltisenShlp in the classified
service has ever been authorltatively con-
strued, and the commission has no power
whatever to construe such rule. The COM
mission feels strongly that whatever rule is
adopted should apply equally TO adherents OF
all parties, and that it would be safe TO adopt
as such rule the requirement that the aGher-
ents OF the party in power shall never do what
would cause friction in the office and subvert
discipline If done by opponents OF the party in
power. A man in the classified service has an
entire right to vote as he pleases and
TO express privately his opinions on
all political subjects; bGt he should not take
an active part in political management or in
political campaigns, for precisely the same
reasons that judge, an army officer, a regular
soldier or policeman Is debarred from taking
sueh active part. 1t is no hardship to require
a man 10 do this. 1t leaves him Tree to vote,
think and speak privately as he chooses.
but it. prevents him while in the ser
his official position TO the benefit of one
of the parties into which that whole pub
lie Is divided; and IN no other way Can this be
prevented.
Along further in "notes on the rules is
found the following:
Partisan Activity-The commission has no
authority to take any action relative to the po-
litieal conduct OF an Officehoder unless il is
charged that he has violated the civil service
act of January 16, 1883, section 2, part 2, sub.
g. in the use of 'his official authority or infiu-
ence 10 coerce the political action of any per-
son or body" or the civil service rules, general
rule l, by the use of ''his official authority or
influence for the purpose of interfering with
an election OF controlling the results thereof"
or in influencing dismissal for refusal 10 be
coerced in political action, 10 contribute money
for political purposes or for a refusal to render
political service. The conduct of an Office
holder not falling within the prohibitions is a
matter wholly for the consideration of the ap-
pointing power, in which this commission
cannot interfere. The utility OF these provis-
ions of the law and rules quoted rests in some
degree as precepts as only gross forms of these
violations can be easily proved.
Political Aetion-Upon inquiry whether an
employe in the mall service may act as dele
gate or On the committees ior any party or
parties in city, county or State elections or
act in any capacity Judge, CLERK or
challenger, or, in fact, in any position in con-
nection with an election, the commission de-
cided that il was not its province TO direct in
matters of this sort, but that it has always dis