The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-06
THE CIVIL-sERvICE LAW AND
RULES

RULES.
A good deal of noise is being made about
the recent removal of some Democratic dep
| uties by the United States marshal of this
district and of two Democratic clerks by
the pension agent 1t is claimed on behalf
of the persons removed that they are vic
Tins 10 Republican greed for office and that
their removal is a gross violation of the civ
il-service law. No doubt most of the noise
originates with the persons who have been
removed for SO far as the public is con-
cerned it cares nothing who holds the little
offices so long as public business is properly
attended to. The public is interested in hav-
ing, and is entitled to have, good service
and prompt, polite and courteous attention
| from public officials of all grades, but be-
yond this it does not care much whether
the little places are filled by Republicans or
Democrats.
The question of observing the civil-service
/ law is broader. The public is concerned in
! the observance and enforcement of all law,
and cannot afford to wink at the violation
of any. Opinions may vary as to the wis
dom Of the civil-service law, either in gen.
ing and enforcing the law as long as it re-
mains on the statute books there should be
| no difference of opinion. The Journal be-
lieves that the law is right in principle and
| that the merit system, based on competitive
| examinations should remain the permanent
basis of civil service, but it
| believes that the law should be amended
in some respects and its administration
should be brought back to something like
| first principles. The law itself has got so
mixed up with and overgrown by the ex-
ecutive rules and regulations and the Civil
service Commission has done so much legis-
| lating on its own account that it is hard
to tell where we stand on the subject. The
law itself does not say word about re-
movals from office, except that no person in
| the classified service shall be discharged
for contributing or refusing to contribute
| to a campaign fund. This is the only ref
erence in the law to removals. Its object
was and is to regulate appointments to Of
| fce not removals. AS Judge Bradley, of
Washington, said in case before him: AL
though apparently, it has become difficult
thing to get into the civil service, yet it is
| just as easy to get out as it was before the
enactment of the law Another judge said
in early decision Congress has left in
! the heads of departments all the discretion
airy power that was vested in them prior to
the passage of the civil-service law and the
PRONUNCIATION of the rules relative to remov-
ais If the power of removal from office
has been curtailed since the law was en-
rules and regulations established under
| the President and the Civil-service Com
mission These are in a sense obliga-
tory, but they cannot add to nor detract
from the law itself The law says: 1.-THE
commissioners shall aid the President as he
may request, in preparing suitable rules
for carrying this act into effect, and when
said rules shall have been promulgated it
shall be the duty of the officers of the
| United States, in the departments and
| offices to which any rules may relate, to
aid, in all proper ways. in carrying said
| rules and notifications thereof into effect"
| All such rules, be it observed, are for the
| purpose of carrying the law into effect, and
the law specifies what points they shall
| cover. AS it contains no prohibition of re-
movals from office and does not authorize
| the making of any rule on that subject it
| is a question whether such rules possess Ie-
| gal force. 1t is important to keep in mind
that the sole intent of the original law was
to regulate appointments not removals;
the manner of getting into the civil service,
not the manner of getting out. 1t should
| be remembered, Also that any President
may modify, amend or revoke all the rules
promulgated under the law by himself or
any or all of his predecessors. He may not
abrogate or change a letter of the law, but
he can, by a stroke of the pen revoke every
| rule that has been made under it since 1888
! The law never intended to prevent the head
of an office, such as United States marshal
or pension agent, from removing his subor-
dinates. If any rule or regulation does so it
should be revoked.