The age-herald., 1897-08-08
GOSSIP OF THE STREET
 AND HOTEL LOBBIES

John c. Pugh, son Of Alabama's forzI n1er senator, was discussing the ciziE' service question with a number of legal lights yesterday. Among other things, he said:
 Many changes of course. will soon baa made in the offices of the United States marshals. the internal revenue collec- tors and the postoffices here and in other cities of Alabama, in all of which offices are many employees covered by the civil service law.
 Justice Jackson, of the United States court of West Virginia, only few days ago, rendered a decision sustaining that act of congress and going thoroughly into discusslon of the question of pro- tection in office. The case which elicited the discussion was that of a deputy marshal. who declined to be removed by a recently appointed United States mar shal for West Virginia. The deputy Invoked the protection of the law, through an injunction which was granted.
 ''The parpose of the civil service act, says the judge was to promote efficien- cy in the public service and the exer- else of such power was clearly within the legislative scope thus by asserting the constitutionallty of the statute he emphasized the force of law given to rules made by the president and then this significant statement was made: Tt is to be presumed that congress intend- ed when 1t passed the act, that it should be observed in good faith by all the sffi- cers of the government who came within it's provisions
 "Of removals, the court says: Tt is ob- vious that congress has undertaken by, the civil service act, to restrain the ex- ercise of the power to remove by the ap-, pointing power. Tt evidently hoped to improve the service by lim.iing the pow CT of removal, leaving an incumbent to retain political or religious belief. If this was not the intertion of congress, them this civil service act is mera bosh, and the attempt of congress 10 improve the civil service is futile and abortive.
 Whether the deputy marshal had the right to ask an injunction to prevent him from being removed, the court decides that ihe injunction can be prayed for and ought ito be granted. He says that the deputy has vested right in the office, and should be protected from be- liaS OQSIeu. III He IS pTCleClcu py Il-S civil service act in the enjoyment of his office, says the justice, it necessarily fol- lows that there should be some remedy by which he could pro.ect his right in the enjoyment of it. : -. "The court discusses the spells system alt length, and admits that there is no statutory remedy against removal of an incumbent from office, but says that all -ftsTTD tion of the civil service law should be at once decided by the courts. In easea where removal is threatened, but not ex- .ecuted, the person concerned has rem-a edy in an injunction ito say the hanG that causes the removal. This applies. of course, to removals for political or res ligious utilization, the two causes which are expresslysbarred by the statute. 1.-The injunction, when granted" said MT. Pugh, "does not settle the questions of title to the office, as the court points out, but merely gp'es to the protection of the present incumbent against the in- terference of claimants out of possess sions, and whose title is not yet estab- lshed.
 "In conclusion Justice Jackson held that: It follows from what I have an- uOuuC6Q as lHt OplillOu Ol tHC SObie e, bhou an injunction will be allowed to restrain the marshal and all others claiming ths position now held by the plaintiff, from any interference or molestation With him in the possession of the office or po- sition now held by him until the fur- ther order of the court.'' J. Milton Legg, who is connected with the Smith Mining company, at Fossil, was in the city yesterday. MT. Legg is the gentleman who barely escaped ' F=ri- ous trouble with a gang of negroes sev- eral weeks ago. The negroes demanded unjustly an additional nickel in ehange, and when refused became angered at him. He said that the people in the vicinity of the mines are greatly aroused over the smallpox scare, but no cases have been discovered as yet.
 w. R. Hilliard, of Knoxville, was at the Florence yesterday.
 w. H. Dunlap, of Meridian, is in the city
 Thos. IT. walker,ycf Baltimore. is at the Florsnce.
 P. Taumin, of Brookside, was in the city yesterday.
 E. A. Nicely, of Memphis. was at the Morris yesterday.
 l.. R. McDonald, of Nashville, is in the city, registenslf at the Morris.
 Forty Years in Bed As1
 An English newspaper tells of a woman lately deceased in Devonshire who passed forty years of her life in bed. She was a well woman all these years and re- mained in bed merely because she had concluded tihat 1t was the most comforta-