The Roanoke times. (Roanoke, Va.) 1897-1977, 1897-10-05

Washington, Oct. 4.-There is living
upon the table of the President an opin.
ion, written by Assistant Attorney Cen
eral Boyd for the signature of Attorney
General McKenna, which sustains the
collectors or internal revenue and the
United States marshals who have cele-
brated their accession to Office by a VIII ole-
sale slaughter of the deputies appointed
by their predecessors The opinion is
directed mt the case of James L Brady,
collector of internal revenues for Vir.
ginin, who fired all thu deputies in his
Office before the ink was dry on his COM
mission and appointed Republicans iu
their places.
The fact that Mr.. Brady would be sus-
tnineu by The attorney general must have
been communicated to other collectors g,
for many of them, particularly those in
ttIc South, have made haste to follow the
example. In Maryland, Kentucky and
Tennessee the slaughter has been fright
rul within the last few days, notwith-
standing the recent order of the Presi-
hent, and the intimate relations which
exist between him and several of the
bloodthirsty collectors justify the deduc-
ton that they knew what they were
about before they started the guillotiae
The opinion of Assistant Attorney Gen
eral Boyd was the subject of conference
at the Cabinet meeting on Friday, and
was held over for future discussion and
for revision by the President himself, for
he wants the phrases to be so framed
that they will sustain the spirit and let
ter of the civil service law without inter.
feriuR with the removal of Democrats
So far rs can he asCertained the Attor-
ney General in Collector Brady's case holds
that the tenure of a deputy collector or
81 70 hal vii hot 1. l.
chief, because it was by him that the ap
pointment was made. This rule does
not apply, however, to guagers and store
Keepers, because they are appointed by
the commissioner Of internal revenue uu-
der SPECIAL provision of law, and their
numbers and duties are specified in the
statutes. They also perform clerical iu-
ties, while the deputies are more or less
in numbers, according to the necessity
OF the case. Their compensation and
their duties are not always fixed but
they are often dependant upon fees and
special emergencies Sometimes two
deputies are sufficient in an Office some
times it is necessary to have ten. The
Assistant Attorney General cites the de-
cisit ms that have been rendered by sew
eral courts on the appeals of discharged
otlice-ho,ders. He takes the ground that
the civil service law did not repeal any
statutes previously enacted. and that no
positions Of nn administrative character
can he considered permanent exec pit
where the tenure is fixed by law. If Il
man is appointed to Office for term pre-.
scrihed by statute there is ground for
restraining order to prevent his re-
moval, but there is neither law nor equity
in the cases of officers whose terms are
not so Xed. Furthermore, the Attor-
ney General holds that no official of the
government can be compelled to do any
thing that is not expressly required of
him by the law The President, there
fore, cannot prevent collector OF inter
nal revenue from removing men from
office. He can discipline the collector by
removing him. but there his power ends