Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-02
CIVIL SERVICE LAW
Power of Removal From Office to
Be Tested in Court.
SUIT In EQUITY FILED BY ]. G. WOODS
The Postmaster General Made De-
fendant in the Proceedings.
TEMPORARY ORDER ISSUED

A suit, raising the very important ques-
lion of whether the amendments to the
civil service rules limiting the power of
removal. made by ex-President Cleveland
and by President Mckinley. are within
and authorized by the civil service act
was filed here today by Attorney II. n.
Low. on behalf OF John G. Woods OF Louis
vile. KY. The suit is a proceeding in
equity, Mr.. Woods praying that the POST
master General and First Assistant POST
master General Perry S. Heath the de-
PENDANTS in the case, be enjoined from in
terfering with or in any wise preventing
him OWoods) from exercising and perform
ing the duties of mis- Office, that of superin-
tendent of mails for the United States at
ard in the post office at Louisville, hy.
His Complaint.
In petitioning for the Injunction, Mr..
Woods states that in June. 1888. he was
appointed superintendent of mails at and in
the post office established and maintained
In Louisville, Ky: that he duly qualified
and accepted the said appointment and Of
nce, and entered upon the discharge of the
duties thereof: that he has ever since con-
tlnued TO hold said Office and to perform
and discharge the duties thereof, and he is
sun IN possession of said office and still
performs and discharges the duties thereof
said office being worth to him. he explains.
more than $500. exclusive of interest and
costs, the amount in controversy herein be-
ing greater than the said sum of s.. 300 ex-
elusive of interest and cost
Order for Dismissal.
Without right in law further states Mr.
Woods, and contrary to law without hav-
ing made against him any complaints or
charges of whatsoever kind without CIV
Ing him
him an opportunity to be heard in relation
thereto, the defendants have made and en-
tered an order removing him from his Of
flee and position of superintendent of mails
aforesaid, and have also made an order
promoting and appointing TO the said Office
ana position of superintendent of mails
AFORESAID one Lewis o'Donnell. Both Of
said orders. explains Mr.. Woods by the
terms thereof, are TO take effect on and
with the 1st day of September, 1877, and
both of said orders were made without his
consent and against his protest, all of
which he has declined and still declines to
abide by and accept.
Mr.. Woods says that all of such acts and
doings of the defendants are contrary TO
equity and good conscience and tend "a
his manifest wrong injury and oppression
IN the premises. In consideration where
OF, ard forasmuch as he is remediless in
the premises, at and by the strict rules of
the common law. and can only have relief
in court of equity, where matters of this
nature are properly cognizable and reliev-
able, he prays that the said defendants
may, II they can, show why he should not
nave the relief hereby prayed, and that
the defendants may answer the premises.
but not upon oath affirmation the bene-
ut whereof Is expressly waived by him.
Wants Perpetual Injunction.
He further prays that the said defend
ants. their clerks. agents, attorneys. sery-
ants, workmen and all other employees,
subordinates and officers connected with
the department of which said defendants
are officers, may be both temporarily and
perpetually enjoined and restrained from
further carrying out both of the orders
aforesaid, and that the said defendants
may be compelled to revoke and rescind
said orders. and to desist from further in
terfering with him i'm the discharge and
performance OF his duties as superintend-
ent of mails aforesaid.
The petition was presented 10 Judge Cox
In Equity Court No. 1, by Mr.. Low.
Temporary Order Issued.
After reading it to the court. the petit
tioner secured the following order:
"On hearing the application of John @.
Woods: the complainant herein. for a tenn
porary restraining order against the de-
PENDANTS, 1t IS this second day of Septem-
Der, 1897, adJudged, ordered and decreed
that the said James A. Gary, Postmaster
General of the United States and Perry s.
Heath, first assistant postmaster general
of the United States, and their subordinates
and clerks, be and are hereby restrained
from removing, dismissing causing to be
dismissed, making any attempt to procure
the dismissal Of or in any manner changing
the official rank or compensation of, or
interfering with, in the discharge of the
duties of superintendent of mails at Louis
vile. KY. the said John G. Woods until
further order. to be made, IL at all, after
hearing. which is fixed for Saturday,
the 4th day Of September, 1897.