The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-09-15
THE RIGHT OF REMOVAL.
JUDGE cox STRIKES A BLOW AT
CIVIL SERVICE REFORM.

Courts of Equity POwerIess to Give
Relief TO a Discharged Employee.
The Power That Appoints Has the
Right to Remove From Ofice-The
Civil Service Rules to the Contrary
NOtw 18th $ tanding-A Test Case
That Will Go TO the Supreme
Court For Final Settlement.
Washington Sept. 14.-Judge Cox Of the
supreme court of the District Of Column
bia to-day dismissed the bill of complaint
of John G. Wood, superintendent 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 con-
sidered in the nature of a test of the pow
er of removal and the delivery of the
opinion drew to The court room many pub
lie officials, including members Of the civil
service commission.
Judge Cox's decision was an elaborate
review of the law bearing on the removal
of federal employees. He held at the out
set that it was not within the power of
court of equity to grant relief in matters
of appointment and removal from office.
Then, taking up the merits of the case, he
stated that it was settled law that the
power of removal was an incident to the
power of appointment, and that both could
be exercised by the head of department
in reference TO subordinate officials
Concerning the civil service law, Judge
Cox held that it must not be construed TO
grant authority, either 20 the civil service
commission or to the President, to make
rules contrary to the law ltselt, or oil a
legislative character. He quoted with ap-
proval the decision of Justice Brewer that
/ congress could not delegate its power to
legislate to any administrative body.
It is probable that an appeal will be
taken from the decision, end il IS said that
ultimately the United States supreme
court will be asked to pass on the ques-
| ton involved.
That the civil service commission does
not regard the decision of Judge Cox as
| inimical to the service, is indicated by the
| following statement made by one of the
members of that body
''The opinion Of Judge Cox In no way
affects the binding character of the pres
idents order upon all officers of the ser
vice The president has authority inner
ent in his Office to make removals. The
intent was that the appointing officer, in
making removals. should be put on re-
| cord as to the grounds Of his action and
give the accused an opportunity to be
heard in his own defense. 1t was deemed
that this action would prevent removals
for other causes than the good of the ser
vice Such an order does not in the least
impair the power of discipline nor impede
the proper exercise of the power of re-
moval 1t simply serves as a check upon
the appointing officer who acts from polit-
ical or less worthy motives. The appoint
ing officer who acts with sole regard to
the best interests of the service will deem
it but just to the public and to the en-
ploye 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 ser
vice law since its enactment to charge tnar
removals from the public service have
been made mainly for political reasons.
The fact is that the majority of removals
have been made for perfectly proper rea
sons; but because 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 and the new or
der merely makes this practice manda-
tory in all parts of the service. Undoubt-
edly 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, IL
is believed, largely check this abuse.