The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-09-17

The Quession Under In Civil Service Law
aaA Rules, Passed UPoo by Judge Cox In
the Louisvflle Poetomcs Case.

The Question Under the Civil Service Law
aad Rules, Passed Upea by Judge Cox In
, LouisvfIls Pestofncs Case.
Washington. September I4.-Judge
Cox. OF the supreme court of the Dis
trict OF Columbia, today dismissed the
bill OF complaint Of John G. Wood. su-
p~erintendent of mails at Louisville.
praying that Postmaster General Gary
and Assistant Postmaster General
Heath be enjoined from removing him
from Office. The case has been consid-
cred in the nature Of a test case OF the
lower of removal and the delivery of
The opinion drew to the court room
many public officials, including MEM
bers OF the civil service commission.
Judge Cox's decision was an elabor-
ate review Of the law bearing on re-
movals of federal employees. He held
at the outset that ii was not within the
power Of a court Of equity to grant re-
lief in matters of appointment and re.
moval from office. Then, taking up the
merits of the case, he stated that il was
settled law that the power Of removal
was an incident to the power of ap-
pointment and that both could be ex-
ercised by the head of a department in
reference to subordinate officials. Con-
corning the civil service law. Judge
Cox held that it must not be construed
to grant authority either to the civil
service commission or TO the president,
to make rules contrary to the law it,
self, or of a legislative character. He
quoted with approval the decision OF
Justice Brewer that congress could not
delegate it's power to legislate to any
administrative body.
1t is probable hat an appeal will be
taken from the decision and it is said
that ultimately the United States SUI
preme court will be asked to Ass on
the question involved.
Tha. the civil service commission
does not regard. the decision of Judge
Cox as inimica to the service is indicat-
ed by the following statement made by
n of the members of that body:
The opinion of Judge Cox in no way
affects the binding character of the
presidents order uDon all officers of
the service. The president has author
ity inherent in his office to make re-
movals. The intent was that the APP
pointing officer in making removals
should be put on record as to the
grounds of his action and give the ac-
cused an opportunity to be heard in his
own defense. 1t was deemed that this
action would prevent removals for 9TH
er causes than the good Of the service.
Such an order does not in the least i'm
pair the power of discipline nor inn
pede proper exercise of the power of re-
mOval. 1t simply serves as a check
upon the appointing officer who acts
from political or less worthy motives.
The appointing officer, who acts with
sole regard to the best interests Of the
service, will deem it but just to the
public and to the employe affected that
a record be made. 1t was the lack of
just such records as these that has
given opportunity to the critics of the
civil service law since it's enactment,
to charge that removals from the pub
lie service have been made mainly for
political reasons The fact is hat the
majority of removals have been made
for perfectly proper reasons; but be-
cause these reasons were not put upon
record different administrations have
exposed themselves to much unjust
criticism. The practice of making a
record of the reasons for removals has
existed for many years in some parts
of the service, with highly beneficial
results, n the new order merely
makes this practice mandatory in all
parts Of the service. Undoubtedly
many employees have been removed for
political reasons because no reason
was required to be given by those in
authority. In requiring reasons hence
forth to be given, the new order will,
it is believed, largely check this abuse.