The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-10-05
PRESIDENT APPROVES.
Mr.. Mckinley Said to Sustain the Remov-
al OF Deputies by Collectors.

Washington, Oct. 4.-The civil service
commission has not yet received any for.
NAL communication regarding the remoy-
al by Collector Parlett Of the deputy col
lectors of internal revenue In the district
OF Maryland. and have, therefore, not
given the case much attention. In the
meantime. it is reported that the opinion
of the Attorney General, prepared by As
sistnns Attorney Boyd, sustains the right
Of the collo,tor to remove all deputies, and
declares that in making appointments the
ulations. Tho opinion, 1t is understood,
was considered at tho cabinet meeting on
Friday. and whilo it has notyet been mab
public, 1t Is said to have been approved by
tho President and tho members of the cab.
met. Tho opinion refers specifically to
tho case of Collector Brady, OF Richmond,
but 1t covers also the case OF Collector
Parle5t.
Assistant Attorney. General Boyd, it is
stated, holds that collectors cannot bo
made to do anything not expressly re.
quircd by law. and tho law docs not re.
4utre them to rcappoint the deputies they
find IN office at the timo they arc them
selves appointed. This being true, no fun
ther holds. it is SAIL that In sppointing
deputy 'o'lcc..22rs Tho Collector does not
nn.1v TO seleGt the sppointees from tho
eligible list, but may appoint whom he
pleases. The opinion In effect is that q
collector may disregard the civil service
law a.!a the regulations which have been
promulgated lfoo;ii tiMo to time by tho
President without becoming amenabIe to
punishment iu any court Of law. He can
badisciplined by the President for viola
tion of ali executive order, but cannot be
reached in any other manner.
While this rulnp will DrOhAhly sat I1o
tho whole matter and may determine what
the course of the Treasury Department
will be in regard to the removal and ap-
poin5ment OF deputy collectors ii does not
materially change the situation or throw
any light upon tho scope Of the civil.ser.
vice law. The effect Of the civil. law
depends entirely, rs has been stated by
tho civil-service commissioners, upon Its
enforcement by the President and the
members of his cabinet. II, as stated in
these dispatches, tho Secretary Of tho
Treasury has determined tho Presidents
order placing deputy collectors Of internal
revenue within the classified service shall
be dsregarded by tho collectors, tho orllor
Immediately loses all force.
An opinion by the Attorney. General dc.
filming the powers conferred upon collect.
ors by the statutes probably gives addition
al reasons whya general exception from
tho operation or tho civil.servce rules
should be made in their casos, bnt it docs
not alter tho fact that the civil-service law
can ba made to apply to the positions of
deputy collectors If the administration dc.
dslces it to apply.
Secretary Gage and the treasury officials
generally are OF the opinion that The rules
should not apply to deputy collectors, and
that in making appointments u collector
should be allowed greater latitude than
other appointing officers, for tho reason
that he is himself personally responsible
for tho conduct of all his subordinates IL
is undoubtedly within tha powor Of tho
Secretary to permit tho removal of depu.
ties and tho appointment af their sue
cessors without regard for the civil service
regulations, but this does not change the
opinion of the civil service commissioners
thaI such appointments aro illegal and
that tho apparent evasion Of the law ID
really u direct violation OF it.
Assistant Secretary Vandorip says the
Secretary will require collectors to select
their deputies from tho tho olisibc lists
prepared by the civiiservico commission,
so that to this extent the civil service law
may still he enforced in the Internal rev.
oDuo aorviGo.