The times., 1897-09-03
WOODS REFUSES TO VACATE
Superintendent of Mails EnjOins
the Postmaster General.
TESTING POWER OF REMOVAL
Judge Cox Grants an Order 10 POST
office Officiuls TO Show Cause
Why the Complainant should Not
Retain His Position-Hea ring Set
for Tomorrow.

The action OF the Administration IN
evading the ciyil service law by making
room FOR its friends by reducing employees
instead of dismissing them altogether
was questioned in the equity courts Of the
District yesterday, in suit filed against
Postmaster General Gary and Perry Heath,
Assistant Postmaster General
The compIainant in the suit is John c.
Woods. SUPERINTENDENT Of mails at Louis
VILE. XIV, who asks the courts TO issue an
In Junction To restrain the defendants
from removing him from his position.
BE alleges that they have issued an order
aisnissing him and appointing his sue
oessor, for political reasons, purely, and
withogt showing any cause whatever
The petition was presented by Attorney
Ii. n. Low to Judge Cox, who granted
temporary restraining order, contingent,
however, upon the filing OF bond by
tie complainant. The bond has not yet
been offered but VIII probably he placed
On record today. The hearing of the
case was set for tomorrow by Judge Cox
and subpoena was issued ordering the
defendants to appear within ten days
after service and show cause why the
Injunction should not be made perma-
nent.
MIR. Woods sets forth that he was ap-
pointed to the office OF superintendent Of
the mails in June, 1898; that he duly quail
fled and entered upon the charge Of the
Office, and that his position is worth To
him more than s. 800 yearly, exclusive OF
Interest and costs.
He charges that the defendants, without
right in law and contrary TO the statutes
of The United States, without any charges
or complaints of any kind having been
made against him, without giving him no
tice or an opportunity TO be heard in his
Dwn behalf have made and entered an
order removing him from office, promoting
10 the position now held by him Lewis
O. Donnen B0th of these orders were
made without hls consent and against his
protest, and he declines to abide by OF
accept them.
These acts Of the defendants, he charges
ere contrary to equity and good conscience
and tend 70 ms manifest wrong, in bry and
oppression in tie premises
BE therefore prays that the court vii
grant him an injunction temporarily an:
perpetually .restranin z the def efendants, Jhei
clerks, agents. attorneys, servants, work
men, and all ether employees, subordinate
andofficers Connected with the department
from interfering with or in anywise pre-
venting the plaintiff from performing Tn
duties OF his office and enjoying the benc
fits thereof, and, further, that they may
by mandatory III niunction, be compelled L
perpetuaHy yrescind the orders complained or
The order : dated A ugnst 27 ana trans
feTs Mr. Woods to the Louisville and st
Louis E. +. O., TO a position now occupiedby
Mr. . DOnnen, while NJ. o 'DonnelI. as sta tee
IN the petition, is promoted to be super
intendent-
Attached 10 the petition / S an affidavit
Of Attorney Low, in which it stated Uhd
when Mr.. Woods heard OF the ocder he Wen
to the Civil Service Commission, bnt wa
Informed by Commissioner Rice that N
action could be taken until some rule .
the civil service had been violated.
The plaintiff then called on the Secont
Assistant Postmaster General and asked
charges had been preferred against him, L
whichit was replied thatthere were none
Tie Second A ssistant Postmaster Genera
further said that he knew Of the matte
of q change in complainant ; official pos
ton, but the department did not inten
TO remove him; merely TO transfer him
another position which was not suppose
20 be a violation OF President Mckinley
civil service amendment of JuIy 27 1897