The Roanoke times. (Roanoke, Va.) 1897-1977, 1897-10-01

Washington, n. c., Sept 3O.-The
contention between Colonel Brady, of
Richmond, and the civil service commits
sion over the appointment of deputy col
lectors is to be settled by Attorney. Gem
eral Mckenna soon after his return TO
Washington. Collector Brady's yigor.
ons and elaborate statement in support
OF his action in the case of recent appoint.
ments. addressed to Secretary Gage, was
to-day referred to the Attorney General,
with request for construction of sec
tiun 3l4S, Revised Statutes, which, Col
onei Brady insists, plainly authorizes the
collector To appoint his deputies. Is
section 3l1S, approved June 80. 1864, re.
pealed by the civil service act is the
question submittt d 10 the Attorney Gen
ernl for his opinion. Acting a ttorney-
General BOYD is preparing the opinion,
but in the absence of the Attorney Gen.
era' declines to talk shout the matter.
However, as the recent opinion of Judge
Cox. in the Woods case, followed the
brief submitted by the Assistant Attor-
ney-General, the Inference is strong that
the opinion in the Brady case will sus-
tain the collectors position, that the act
of June 30, 1864, and the civil service act
are not repugnant to each other.
The Brady tnse. Civil Service Commits
sioner Proctor said to-day, is test case,
and II the cpiuion of the Attorney Gen.
eral is adverse TO the commissions con-
struction of the law, it will he left to the
President to enforce his own rule in his
own way. Secretary Doyle was sent TO
Richmond to make u personal investign-
ton, with view of presenting the -uues-
tion involved fully aud intelligently to
Secretary Gage. Re is expected to return
here Saturday or Monday, when his re-
port will be submitted to the commissions
ers. The matter will then be submitted
to Secretary Gage, and subsequently to
the President. When the President and
Attorney General return on Friday, rs
1t is now understood they will, the accu-
mutation of business will prevent an i'm
mediate consideration OF the matter, and
1t may hang fire until after the fall cleo
tions.
In the meantime, it is the understand.
ing in the Treasury Department that all
appointments in the internal revenue SER
vice are made Mt the risk of the collector
The comptroller of the treasury, 1T is
said, on seemingly good authority, will
not approve accounts where the legality
of appointments made by collectors is
raised. From every collection district
where collectors hive been appointed by
the present administration there is long
ii'o VI uhiiS Coiil piitiitS from SCCTckcepcrS
and guagers who invoke the aid of the
civil service commission against illegal
removals The commission, said one OF
the commissioners to-day, would be kept
busy answering these cases alone, and
an early conclusion in the Brady case "a
not only desirable. but important. No
love is ,ost between the Attorney Gener
al's Office and the civil service commits
sion. 1t is An irrepressible conflict, and
the President alone can adjust it,
Believing in the honesty of President
Mckinley's declaration ia 1890. when, in
speech in the House of Representatives
he said, eff the Republican party of this
country is pledged to any one thing more
than another, it is to the maintenance
of the civil service law and it's efficient
execution, and not only that, but to it's
enlargement and further application to
the public SERVICE" the civil service com h.
mission has confidently forced the issue,
and the ttorney General m ust now de-
eide with Judge Cox that the Presidents
order OF August 18th is in violation of
the civil service law or sustain the COM
mission e cOnSf~urtioD of tho