The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-04
IrDGE JACKSOY'S lNJUNCTI0N,

IDDGE JAChSONA lNJUNLllUN'
,..,.,i,,u. Collector ..hnr From re
moyns rerla,n officials Ia. omn'.o'
roftntrrrnI Rsvrnno hqsan''opinloN
sne,al Dispatch to the Intelligence
FAIRMGN,T, ~. Va, Oct, s-John "
,,,,,, sx.cgmmIssloner OF Internal rev
sD,,s.. was seen at his once yesterdny
srJ asked 10 give some Information In
rs,,,r5p to the Injunction issued BIZ
r,Jrs Jackson, against Collector White
scd un.tgI states Gauger Hoult In
r.,Iy lir Mason stated that he knew
rrtb,rr about the Injunction He has
rrc,t confidence in Judge Jackson, and
s,ys tbat uo Doubt the petition for the
,nr,.-,Io1 states enough uponlts face 10
n,-,r.-Igr Die order made by Judge
Jackson, but ugun this subject VT. Ma
san would rot cypress any opinion i9r
,1s reason he had 40 information on the
sIb.aat But he said that the law q re-
igr.5n 10 the appointment oi sloHe-keep-
80. and clurers is not clearly under
,r ry ueopil OF the country and
,,, ,a. sypIanat.ua might he Of service.
"S6re-k Keepers and gaugers,' he SAID,
.,r. arruinted by the secretary Of the
,,,,sIr,y and not ny the collectors or
,b. commissioner OF Internal revenue,
w. g. ysyaWy understood This confus-
11r rl Doubt, arises out of the fact that
,asss officers are appointed upon rec
'.,,,,,.srlltinn of the collector When II
o. f,und necessary to appoint either
s,ar, Eeeper or gauger the usual course
a. for the collector to recommend some
On. ia the commissioner and II the
Commissioner approves the recommen-
J,t0nu ne forwards It 10 the secretary
al inc treasury. who makes the ap'
p0In.ment, ..., 4;
,bs I-1i,ad States. says: "There shall be
g9rpIDtrd 10y the secretary OF the
treasury such number OF internal reVe,,
nue. s.0re-kenpers as may be necessary
Section 1856 provides that 'Ihe seere-
tary Of the treasury shall appoint IN
every collection district where they
NAV be necessary one or more Internal
revenue gaucers, St0re-keepers and
rlrrprs are assigned to duty by the
com rlssioner Of Internal revenue and
NO, under the supervision and dlrec-
fIor Of the collector. As a rule more OF
these Officers are kept In commission
Than are assigned to duty. The law au-
dior yes to remain In commission fifteen
rer cent In excess Of the number engag-
cd In the performance Of duty at time,
As matter of course, the Internal rev.
srue must determine how many officers
are necessary Al any one distlllery and
must have the exclusive right OF as
slrument. There may be official rea-
sons why certain officers should not be
assigned to duty at particular distiller-
irs. this discretion of assignment Is
rroperly vested by Congress In the In
iernal revenue bureau and cannot be
exercised by anyone else. II VIII then
be seen that the power of appointment,
md hence the power OF removal OF these
officers is vested in the secretary of the
treasury: neither the commissioner nor
collector can appoint or remove sau-
ger or store-keeper.
"I note that there is some mlsuhder-
standing as to the appointment OF I'nl-
ted states Gauger Hoult. Captain Hoult
81 an old citizen Of Marion county hau-
tng gone into the army from this coun-
~, IN the Fourteenth West virginia In
3an.ry. He held the position OF gauger
during the administration or President
Harrison and during part OF the CleVe'
land administration. He was removed
under the Cleveland administration
without cause, unless. the fact that he
was a Republican should be regarded
as sufficient cause. Rule Q, of the civil
service commission. provides for the
restoration of any person in the CLASH
fled service by reinstatement without
examination who Through no delln-
Ouency or misconduct OF his" has been
1enarated from position included
within classified service not longer
than one year. There Is an exception,
however, to this rule providing that
any person who served in the military
or naval service of the United States IN
the late war of the rebellion and was
honorably discharged therefrom or the
widow OF any such person, may be re-
instated without regard to the length OF
time he or she has been separated from
the service"
Captain Hoult, availlng himself OF
this exception. made application for re-
instatement. His application went to
the civil service commission and was
approved and he was thereupon REIN
stated In the position from which he
had been removed under the Cleveland
administration. He now simply stands
as any other gauger: he may or may
not be assigned to duty at the will and
pleasure OF the commissioner OF internal
revenue. So that. as | understand It,
there has been no violation OF the civil
service rules by Collector White or any
one else In the reinstatement OF Cap
tain Hoult. The civil service commits
sion has passed upon and approved his
reinstatement. As matter OF fact,
Collector White had nothing at all to
do with Captain Hoults reinstatement.
Any old soldier who has been removed
through no delinquency or misconduct,
from a position included within the
classified service at the time he makes
requIsltIon may be reinstated to fiji any
vacancy II he be mentally and physlc-
ally capable of performing the duty"