Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-11-11
Discussing the Recent Decision Of
Judge Jackson.
REFERRED TO SOLICITOR OCONNELL
Attorney General Declines to Give
an Opinion.
V w S OF Off ICIALS


Secretary Gage that he cannot pass upon
| the question Of the status of deputy col
| iectors and deputy marshals for the rea-
son that he is asked to decide a hypothet.
| fcal question
Secretary Gage some time ago referred to
| the Attorney General the question raised
py Collector Brady of Virginia, who ap-
pointed number of deputy collectors
without consulting the civil service list
| The Secretary OF the Treasury has been
unable to decide the matter and asked the
| Attorney General to give an opinion
whether the terms of deputy collectors ex-
pire with the term of the collector, as
| held by Collector Brady; IL the terms SO
expired, whether the successors should be
appointed from a civil service list or by
the collector himself
Assistant Attorney General BOYD first
took the matter n hand and wrote an
opinion TO the effect that deputy collectors
are not within the provisions of the civil
service law. This opinion was submitted
| to the Attorney General for his approval
or rejection. Instead of doing either the
Attorney General declines to pass upon
the question on the ground mentioned.
Referred DO Solicitor O'Connell.
The Treasury Department has now turn
solicitor Of the treasury. When his opinion
Is obtained Secretary Gage will give the
matter further consideration and will issue
Instructions to collectors throughout the
country as to what steps to take I'm these
appointments.
The matter is of the greatest importance
and will be carefully considered by Solicit
tor O'Connell Collector Brady is conf
dent that his action will be ultimately up-
held by the treasury officials, and that COL
lectors will have the right to appoint their
own deputies without consulting the civil
service law.
Whatever the decision of the Treasury
Department, the will probably go
INTO the courts and will be fought out The
civil service commission presented argu-
ments to the Attorney General against the
posltlon OF Collector Brady, and declaring
that TO put the deputies outside the pro-
lection of the law would be a severe blow
at the law itself.
Not Ready to Express an Opfufou.
Judge Jackson's recent decision upon the
civil service law and its scope. has been re-
oeived by tn. civil service commission, the
members OF which are now going over IL
carefully. When Mr.. Proctor, president of
the commission. was seen by a star reporter
today he had not had an opportunity to
read the entire decision, and for that rea-
son preferred making no statement regard
ing it, The decision, however, is regarded
as important in sustaining the civil service
law, while 1t will in no way embarrass the
government i'm making changes necessary
for the good of the service.
Effect Of the Decision.
Senator Faulkner was in the city yester-
day afternoon and called on the civil serv-
ice commissioners. Speaking to a reporter
the effect of the decision, Mr.. Faulkner
said:
Judge Jackson has covered almost every
question that has been raised in connection
with the law, and until his opinion is
cverruled by higher court, his decision
makes it necessary that all appointing OH
GERS of the government be guided by the
letter of the law and the regulations framed
to make ii effective. L regard the decision
as the. greatest victory that has been gain
ed for the merit system. and have doubt
that IL the case is taken to the Supreme
Court, the decision will be sustained. The
effect will be to make secure i'm their POSI-
tions about $1,000 men who are protected
by the law
Senator Faulkner was counsel for the
employees of the collector of internal reye-
nue. iH West Virginia, who secured an in
junction to prevent the collector from arbi-
trarily removing them. If the case is taken
to the United States Supreme Court, as 1t
may be, Mr.. Faulkner will appear before
that body in behalf of the employees.
Judge Jackson's Decision.
Collector Brady of Virginia talked to a
Star reporter today about the recent deci-
sion of Judge jackson. He said:
THE recent opinion of Judge Jackson
Goes not in anywise involve the question
row under consideration by the administra-
tration in respect to the appointment of
deputy collectors Of internal revenue. I
tave not seen the full text of Judge Jack
sons decision. but from the reports of 1t
published in the press it strikes me
most remarkable construction of the plain
ma nd AT 4 IN
the assignment and unassignment of
gaugers, which law mas not been repealed
by any civil service law.
LAS 1 understand the matter, there has
teeD no removal of any gauger-in fact IL
is aumitted by all who are familiar with the
subject that gaugers and storekeepers, be-
ing appointed by the Secretary of the
Treasury and executing their bonds to the
United States. are in the classified service,
and they cannot be removed except In the
manner prescribed by the Presidents re-
cent civil service order. / am advised that
there has been no removal Of any gauger
by Collector White, and that
he has only attempted to exercise his au-
thority plainly vested in him, with the ap-
rroval of the commissioner of internal
revenue. to relieve from duty certain gaug-
ers and storekeepers. and to assign others
n the place Of those relieved from DUTY
This has b sen the practice, SO far as
know, ever since the organization of the
internal revenue service, and IL has never
been disputed. even by the civil service
THE government has taken an appeal I'm
Collector Whites case, and the opinion or
every lawyer OF prominence I have met
here In Washington during the past few
days is that Judge jackson will be over
ruled.
1.-The question as to the appointment of
deputy collectors is. as I have said. en-
tircly different. Urder the provisions or
section 314S. Revised Statutes, the power
Of appointment OF deputy collectors and tS
revoke such appointment It seems clear
to my mind. is vested in the collector, and
this plain mandatory provision OF the law
has not been modified or limited by any
civil service law. So far as 1 am person.
ally concerned. 1t is to me a matter OF little
or no consequence what may be the ulti-
mate decision Of the question, which In
wolves great interest to the government
In so far as II may affect the responsibility
Of collectors upon their official bonds; and
It may not be out Of place for me to say
have been very particular In reporting
every Detail of my action to the Treasury
and that II has been fully
What Revenue Omclals Say.
ho - ~