Evening journal., 1897-10-06
CALLED ON PARLETT,
Delaware Republicans Give
Vent To Their Feelings.
WELLS TEMPORARILY APPOINTED

THE OPINION OF ATTORNEY GEN
ERAL MKENNA sUSTAINs coll
LECTOR PARuETT IN THE RE-
MovAL OF THE DEPUTIES.
STANTON DRAWS UP STAKES
AND GOES HOME.
The civil service commission has not
yet received any formal communication
regarding the removal by Collector Par
lett Of the deputy collectors of internal
revenue in the district of Maryland and
Delaware, and has not given the
case much attention. In the meantime
IL is reported that the opinion of the
attorney general, prepared by Assistant
Attorney-General Boyd, sustalns the
right Of the collector to remove all dep
uties, and declares that in making ap-
pOintments the collector is not bound by
civil service regulations. The opinion,
it is understood, was considered at the
cabinet meeting on Friday, and while 1t
has not yet been made public, it is said
to have been approved by the presi-
dent and the members of the cabinet.
The opinion refers specifically to the
but it covers also the case Of Collector
Parlett.
Assistant Attorney General Boyd, II
is stated, holds that collectors cannot
be made to do anything not expressly
required by law. and the law does not
require them to reappoint the depu-
ties they find in office at the time they
are themselves appointed. This being
true, ne further holds. Il is said, that in
appointing deputy collectors the col
loctor does not have TO select the ap-
pointees from the eligible list, but may
appoint whom he pleases The opinion
In effect is that collector may disre-
gard the civil service law and regula-
tiOns which have been promulgated from
time to time by the president without
becoming amenable to punishment in
any court of law. He can be disci-
plined by the president for violation OF
an executive order, but cannot be
reached in any other manner.
/ While this ruling will probably settle
the whole matter aud may determine
what the course of the Treasury De-
partment will be in regard to the re-
moval and appointment of deputy col
\ lectors. il does not materially change
I the situation or throw any light upon
Q the scope of the civil service law. The
/, effect of the civil service law depends
I entirely, as has been stated by the civil
\ service commissioners, upon its en-
= forcement by the president and the
a members Of his cabinet If, as stated in
s the dispatches, the secretary Of the
4 treasury has determined the presi
!. dents order placing deputy collector
s Of internal revenue within the classiiie,
I service shall be disregarded by the col
lectors the order Immediately loses al
Y force An opinion by the attorney-gen
# eral defining the powers conferred upof
b collectors by the statutes probably gives
e additional reasons why IL general eX
ception from the operation OF the ciyl
j., service rules should be made in Their
Ol cases. but 1t does not alter the fact tha
l. the civil service law can be made to ap
e ply to the positions OF deputy collec
e tors il the administration desires It {
e apply
.e Secretary Gage and the treasury Off
e cials generally are Of the opinion tina
l. the rules should not apply to deputy
n collectors, and that In making appoint
ments a collector should be allowed
a greater latitude than other appointing
r officers, for the reason that he is him
d self personally responsible for the con
l. duct Of all his subOrdinates IL is un
le doubtedly within the power of the sec
le retary to permit the removal OF depu
le ties and the appointment of their sue
[. cessors without regard for the civi
l. service regulations. but this does no
d change the opinion of the civil servic
.g commissioners that such appointment
rs are illegal and that the apparent evas
Sc ion OF the law Is really direct viola
tion of IL.
h. Assistant Secretary Vanderslip say
n the secretary will require collectors Z
ldi select their deputies from the eligibl
of Its prepared by the civil service com
e. mission. so that to this extent the civ
e. service law may still be enforced in IN
OF internal revenue service.
CALLED ON PARLETT.
It Is generally understood that yes
terday a delegation of Delaware Reput
n licans went to Baltimore and waited o
OF Collector Parlett regarding the az
is pointment Of Wells the Marylander,
tie the position Of deputy collector Of inter
gh nal revenue, which position, heretoforl
an has been held by a Delaware man. tn
us deputation, it is said, was given the as
ut surance that the appointment of M
tn Wells to the deputy's Office In th
re Delaware district. was temporary. Th
he delegation then urged that should NJ
ed Wells step out, the appointment
made Of c. NJ Leitch, president Of CIT
Council, to the place held by Mr.. Well
). and Daniel Burton, Of Millsboro, to th
on place formerly held by Mr.. Stayton.
ir, Whether Mr.. Parlett agreed to an
pc proposition advanced by the deputatioi
n is not known.
ne STATION GOES HOME.
me Amos n. Stayton, the retiring fiel
= deputy, yesterday afternoon relinquisl
10 10 ed the office for which he had dete
", mined to make a fight. The opinion (
a. the encouragement in the matter Sc
VI tied the prospects of Mr.. Stayton, an
he has gene home.
Mr. PIES NARROW ESCAPE.