The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-07-29

fASN~'
ReguIntsd by ConEresS.
He then reviews the law and the his
tory of the appointment of the three
office deputies by Marshal c. E. Wells,
showing that the proceeding was in ac-
cordance with the law. He holds that
the act of Congress regulating the en-
ployment OF marshals' deputies did not
intend that office deputies should be re-
moved from their positions by mar
shall who happened to entertain differ
ent political opinions, so long as such
deputies were efficient and faithful off,
GERS. He construes the law TO mean
that the marshal is not the appointing
power. else II would not provide that
the marshal should recommend per-
sbn whom he wanted for q deputy TO
the attorney-general. who Is the real
source OF power in making an appoint
ment. Judge Jackson also says:
Two Glasses OF DeputieA.
ut is apparent that there are two
classes OF deputies, one is the Office dep
uty. the other Is the field deputy. Sec
tlon authorizes the attorney-general
when the public interest requires II, ito
allow the marshal to employ the neces-
sary office deputies. This section pro-
yides for Joint action by both the at
torney general and the marshal. while
section II confers upon the marshal the
absolute power TO appoint whoever he
desires as his field deputies without re-
gard TO the rules Of the civil service"
Judge jackson holds that there is
remedy by injunction TO restrain the
marshal from removing an Office dep
uty, as there Is no remedy at law. OF
the wisdom OF the civil service law the
court says:
The cfflce in question has, In past
times been regarded as an Office which
belongs TO the victorious political party
and. was always held to be portion OF
party spoils do not now so under
stand II nor do 30 regard It. II there Is
anything In the act OF. Congress known
as the civil service act, and the amend
ments to II, the otIlce Is one fully pro-
tected by II, and the occupant is with
drawn from the spoils OF party. In my
Judgment the civil service act Is law
founded In wisdom, and II II is executed
in the same wisdom in which It was
conceived and enacted, It will not only
prove to be one OF the wlsest statutes
that has been enacted in the latter part
OF this century, but one OF the safe
guards Of our republican institutions. /
reach the conclusion that the incumbent
in che position Is protected in the en-
toyment OF II by the civil service act
and the amendments thereto.
The Law in the Case.
'In the case under consideration the
question to be determined Is not the
title to the position or office held by
the incumbent. The title is not In dis
pute, as the incumbent legally holds the
office or position, as the case may be. Il
is therefore only question Of removal.
Being question of removal, II there ls
any remedy 20 stay the hand that
causes the removal. II must be by In
Junction. It Is a preventive proceed
ing and always furnishes q remedy to
prevent n wrong being inflicted when
there Is no other adequate remedy
What Is the wrong nov complained OF?
Stripped OF all the surplusago that gem
orally surrounds questions OF this chnr-
acter, the incumbent holds his position
by regular appointment and IA unqucs-
tionnbiy II not the "de Jure" the "de |
facto" incumbent OF It.
"As ] have heretofore said, no REM
edy exists unless the restraining power
OF the court Is interposed reach the
conclusion that when the titte to the Of
flee Is not In dispute. but when the
question OF removal is involved, ns In
this case for political reasons, there Ia
a remedy by injunction In this case IL
IA mn EFFORT 10 oust the party from his |
position, not only without the sanction
OF law, but, as hold, in violation OF
lnw,"