The times., 1897-09-05
THE CIVIL SERVICE ORDER.
70 the Editor OF The Times:


by the Civii Service Commission, pro-
hihitinE removals except for cause 10 DE
stated and adjudicared as case must be
In a Law court SO long as the rules and
regulations issued by that Commission
concern examinations to test eligibility
for appointment and reductions, prome-
tions, and transfers. little or no question,
perhaps. can be made concerning the
power of the President OF OF the comlnis-
sion TO promulgate them, but the moment
any rule issues looking to The control of
removals from the departmental force, IL
at once suggests conflict OF power or
jurisdiction between the heads OF depart
ments or Congress oh the one side and the
Executive on the other, because no rule
may issue without the consent or APP
provaI OF the President Former Presi-
dents have invariably refused 60 either
approve the issuance of any order con-
cerning removals or to compel statement
OF the cause thereof aud there is no law
TO sustain the one nor the other, rs /
shan attempt 70 show. There is power III
1.-The heads OF the departments, but not
in the Presid dent nor the Civil Service Com
mission, TO appoint and remove. To reach
tie point involved, a reference to tne
,
SeHtien Of Article IL OF the Cons,itu-
ton empowers tie President to nomin ate
aud, with the consent OF the SENATE, 10
appoint ambassadors, other public uia-
listers and consuls, judges OF the Supreme
Court and al other officers Of the Unlted
States Whose appointments are not hsrein
otieI wise provided Tor, and which SHAH
be esta 5iishec l'y law; but the Congress
may, hy law, vest the appointment Of
such inferior Officers as they think proper
In the President alone, in the courts IF
law, or in tie heads OF depa rtments-
Section 169 OF the Revised Statutes
shows that Congress exercised this power
10 tie extent .! providing taat 'eacn head
Of department is authorized to employ
In ms department such number Of clerks,
messengers copyists, watchnen, lahoFers,
etc, at may be appropriated for"
Section I64 Of the Revised statutes.
being tie civil service act Of 1853, pro
vided that no clerk should be appointed
until he had heen examined and found
qualified by a board OF four examiners
from the departments. That was prac-
teal.
The ciyn service act Of 1871 changed this
by empowering the President 10 appoint
an exaulining board and authorizing hin,
to prescribe ''suCh regulations for the ad-
mission Of persons into the civil service
% the United States as might best promote
the efficiency thereof, and ascertain the
fitness Of candidates.
think / l VIII be conceded thai both Of
these civil service statutes related simply
70 tile examination OF persons TO ascer-
tain their competency Or fitness, the power
OF appointment being stin left IN the
heads 81 departments, where Il was placed
10y Congress by section l69, OF t,ie Revised
Statutes.
Then came the third civil service act
OF 1888, which left the power over eX-
auhnations IN a ioard or Commission, to
Re nance by the President, but making
examinations competitive, with power
in the commission To make rules concerning
eAaninarioas, promotions, etc, with the
approval Of the President.
40 power was givea either the President
or the commission over either appointments
or re1rovals That was left precisely where
Congress placed il by section 1s9 Of the
Revised statutes, 70 wit, in the heads Of
departments. As to appointments, tie
the only check or clog on tie absolute or
power was that the person appointed must
cone from an eligible" roster, which
simply indicated TIA. he or She has passed
a competitive examination. The oEiy
check in the act OF 1883 on the power Of
removal is found in section l3, which Sa Us
that no person shall be removed who vol
untary makes or withholds or neglects b.
make a political contribution That is as
far as Congress, which has and exercised
the power went IN the matter or removals
Of the departmental force.
The power 10 appoint fron the eligible
roster, and the power TO remove, except Tor
The cause mentioned in section 13, was
thusleftm THE heads or the departments :
Now. the President tcoInesforward through
the civil Service Commission, p" and by hi
approval Of an amendment TO rule ,, Inder
JhelawOf 1883, he necessarily ASSUMES that
that act authorizes him 10 ohsruct or en-
5oin any removal, except for cause, - lie
stated and ad iudicated. The question is
Is be correctin his theory that the power to
thus prevent removals of the departmental
f0rceis svestedi IN him? Let US see. The Su-
preme Court,in 1I6 L. s. Rep, ,4s3, decides
that Cor press. under sec. 169 Of the Revised
Statutes, may vest appointments in "tbt
heads Of departments, and that an cXer-
else Of that power implies the power in
Congress 10 iilnlt and restrict the power Il
removal.
Now il must te observed that, except
az provided in section I3 OF the act Of
1883, Congress did not place any liIuita-
ticn or rest uctfon whatever on the power
OF removal, lodged by it in the heals
OF departments" II follows that until Con.
gress shall further limit or restrict the
absolute power in the heads Of depart
menss'' to remove, the heads of the de.
partments possess il without any limiia
ton on il, except as stated by section g.
Neither tie power Of appointment nor Of
removal Cf the departmental force is in
the President and hence he cannot con
troll il IT. any way. His only power is to
approve rules for c,aniua tions, and hence
the heahs or departments may remove fo
any ca use oI for no cause, except that,
under section 8, they may not remore
or reduce beCause Of the giving or win
holding Of political contributions. In nc
way as it possible for the President to
absorb this power Of removal. nor to -e-
strict it by any rule. for the reason thai
the power 10 appoint and remove is in ''the
heads of departments. and not in him
The moment Congress proceeded under tins
constit utional provision 10 exercise i'll
power in the matter of placing the sp
pointrient Of the clerical force in the
heads or departments the power of re
moval went With it, and cannot, there
fore, be in any other person until it is
withdrawn 10y Congress or limited in son..
way as in section 13.
Il VIII bc said that there IS power in
the President TO approve and prsmulgat,