Evening journal., 1897-10-13
CIVIL SERVICE MUDDLE.
The Commissioners Say Gage
Violated the Law.
DEPUTY COLLECTORS PROTECTED

DuL OODIbOlOnp L NJ III a LII
THE REPORT SAYS THAT THE RE
MOVED DEPUTY COLLECTORS
MAY RECOVER THEIR SALARIES
BY BRINGING SUIT IN THE
COURT OF CLAIMS.
A dispatch from Washington says that
civil service commissioners will send TO
the encouragement their statement
concerning the civil service law and
regulations and their applications to
deputy collectors of internal revenue.
The views OF the commissioners upon
this subject has been outlined in the
dispatches. but in their statement they
will be supported by decisions OF the
courts and by declarations from execu-
tive officers of the government upon
the questions involved in the pending
controversy.
The statement deals, il is understood,
with three questions: First, whether
deputy collectors are officers OF the
United States or merely personal repre-
sentatiyes of the government; second
ly, whether the collector Of internal
ment except as an agent OF the secre-
tary of the Treasury; and thirdly,
whether the deputy collectors were
properly placed within the classified
civil service.
The commissioners cite many au-
thorities of the highest character to
prove their conclusions, which are that
deputy collectors are officers of the
government; they receive their author.
ity direct from the secretary of the
Treasury, and they are as much en-
titled to protection in office under the
civil service law and regulations as any
other employees Of the government
This fact being established, the COM
missioners will then argue that there
can be no question that deputy collec-
tors are the appointees of the secretary
of the Treasury and that the collectors
have neither the power to make ap-
pointments nor removals; that they
cannot, Independently of the Treasury,
prescribe the duties of such appointees
or fix the amount of their remuneration
for services performed, The only
power that can be exercised by the col
lector is the power delegated to him by
the secretary of the Treasury.
AS to the right of the president to
classify the deputy collectors and to
make their positions subject to civil
service regulations, there can be no
doubt, the commissioners hold. It WIN,
I therefore, be shown, with apparent
clearness, that the civil service law
| fully covers the cases of deputy cOllec-
tors, and that their appointments and
| removals are subject to the conditions
prescribed by that law.
While that phase of the case will
probably not be touched upon. it is un-
derstood to be the opinion of the civil
service commissioners that all deputy
collectors improperly removed. as they
regard the removals made by Collectors
Parlet and Brady, can recover the
amount OF their salaries from the gov
ernment by presenting their claims tC
the Court of Claims.
Commissioner Proctor, the president
CT the civil service commission, had q
conference with Secretary Gage, al
which the matter was discussed. Mr.
/ Proctor, it is understood, informed the
secretary that he has permitted viola
tions of the civil service law, and tht
secretary, who says the law must b,
Obeyed, while he did not fully agree t
the proposition. announced that wher
it is established how the law applies t
deputy collectors he will enforce it.
The matter is arousing general inter
est, and the impression prevails tina
the logic of the situation, as well as tn
force of the law itself, is all on tn
side of the civil service commissioners
Their statement, as already stated il
the dispatches, although directed t,
the attorney general, will be placed be
fore the president and his Cabinet an,
carefully considered. If the presiden
is willing to rescind his former order
is believed the action of Collectors Par
lett and Brady will be sustained
Otherwise, if the course they have fol
lowed is generally pursued. il will b
with the full knowledge Of the presi
dent and his advisers that the law a
it has been construed and applied fro1
the time of its enactment until now
is being violated.
Should the opinion Of the attorney
general deny the propositions advance
by the civil service commissioners an
affirm the right of the collector to max
appointments and removals, it will b
accepted as the announcement of tn
presidents willingness to permit ger
eral disregard of the civil service Law
which will be the signal for an evasio
Of the statute in other branches of tn
public service.