Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-04
Next Saturday Set for the Woods
Case.
IMPORTANT BEARINGON ClVILSERVICE
The Supreme Court Will Be Called
On to Decide.
COURSE OF THE GOVERNMENT

OF Louisville against the Postmaster Cen
eral and First Assistant Postmaster Cen
eral Perry S. Heath, suit instituted to
test the question of the alleged right of
the Post Office Department to remove per-
sens in the classified civil service against
whom no charges have been preferred
was postponed by Judge Cox this morning
until Saturday next. Attorney H. N. Low
representing Mr.. Woods objected to any
postporement of the hearing, but Judge
Cox declined to hear the case today, re-
marking that most important and serious
question is at issue, and that the fullest
opportunity should be given the govern
ment to meet it.
The suit was instituted Thursday last
Mr.. Woods representing to the court that
in 1898 he was appointed superin Of
mails in the post Office at Louisville, KY,
and that recently he was removed He
stated that his removal was without cause
and therefore, he contended, in viola ton OF
the civil service rules and regulations, as
amended by eX-PreSident Cleveland and
President Mckinley. Hence ne prayed the
court to enjon the Postmaster General and
the first assistant postmaster general from
interfering with him in the performance OF
his duties said superintendent of mails
In other ords, Mr.. Woods asked the court
to prevent the Post Office Department from
removing him and from appointing a sue
ceSsor to him.
Judge Cox granted a temporary restrain
ing order, returnable today, directing the
defendants to show cause why it should
not be made perpetual. The Postmaster
General and his first assistant were rep
resented today by Assistant Attorney Cen
eral II. j. Barrett and Assistant District
Attorney Simms. They explained that the
government was wholly unprepared to go
on with the hearing today, and they re-
quested the court to grant them a contn-
uance until next Saturday, and the court
despite Mr.. Lows opposition, granted the
motion.
Amendment to Bill.
Mr.. Low then obtained the leave Of the
court. the government not objecting, to file
an amendment to his bill of complaint.
The amendment sets forth the complaint
OF Woods, in part, as follows:
IL That he has had over four years of
experience as superintendent of malls at
the Louisville post office. and has thorough
Knowledge of the duties and requirements
of said Office. and is able to perform the
said duties without the aid of any person.
That he was appointed to said office on
or about the 1st day of June, 1893; that
from said date to the present time he has
well and faithfully performed the duties
of said office and position, and has received
therefor from the United States the yearly
salary of 81, 100.
80 That at the present time he has a
edge of the duties of his said position and
is well qualified both mentally and phys-
caliy to discharge and to continue to dis
charge said duties.
%. That in pursuance of and by authority
of a statute of the United States entitled
An act to regulate and improve the civil
service of the United States approved
January 16, 1888, commonly known as the
civil service act there were promulgated
certain civil service rules on or about the
second day of November, 1896 of which
clause 3 of rule ii is as follows: No per-
son In the executive civil service shall dis
miss, or cause to be dismissed or make
any attempt to procure the dismissal of,
or in any manner change the official rank
or compensation of any other person there
In because of his political religious opin-
Ions or affiliations
Il. That on or about July 81 1897 the said
civil service rules were further amended
and said amendment duly promulgated by
adding to said rule ii tine following section:
y. NO removal shall be made from any DO
sition, subject to competitive examination,
except for Just cause and upon written
charges filed with the head of the depart
ment or other appointing officer, and
notice and an opportunity to make de-
No Charges.
g. That on the 2Sth day of August 1897,
the complainant received letter dated
August u, 1897, prrporting to come from
u l. Holloway, superintendent of the fifth
division of the railway mail service of the
Pest Office Department of the United
States, notifying him of his appointment
to a position in said railway mail service
and notifying of the appointment of an
other person to the position now held by
the complainant
80 That complainant has received no
rouce OF any just cause assigned for de-
posing him or of removing him from his
said position of superintendent of mails
or any notice OF any written or other
ctarges against him. or any notice o. any
time or place when and where he would
have opportunity to make defense
10. That the complainant Is informed
and believes that there are in existence
or or on file no charges of any kind against
him. and no just cause for mis- removal
but that an attempt is being made to re-
move him from his said position because of
his political opinions and affiliations. That
he is democrat and the said defendants
are seeking his removal for the sole pur-
pose of inducting a republican into his said
position, and SO charges"
After Supreme Court Decision.
1t is the purpose of the administration 10
get decision of the United States Su-
preme Court finally upon the power Of ex-
ecutive officers of the government over the
transfer and removal of clerks under the
civil service law. The pending suit of John
c. Woods is to be made the test case.
The continuation of the Injunction pro-
ceedings in Judge Cox's court from TODAY
until next Saturday was in accordance with
the wishes of the Department of Justice.
The Attorney Generals Office is preparing
an elaborate and careful argument against
the contention of Mr.. Woods, and proposes
to go very extensively into the matter
when il comes up.
No matter which side loses next Satur
day, when the injunction proceedings are
decided, steps will he taken to get the mat
ter before the United States Supreme
Court. When the case is On the docket the
Attorney General will move to have it adj
vanced for early hearing, AID as such re-
quests are usually granted by the court
when the construction of important laws is
at stake, the decision may be reached in a
few months.
A great deal of Importance attaches RI
Mr. Woods suit since the government has
concluded to make it a test case. n "a
possible that the construction of the law
by the Supreme Court may render a modi.
fcation of the civil service law NECESSARY
In some quarters it Is feared that in the
event of an unfavorabie decision by the
Supreme Court, that is, decision limiting
the powers of the executive officers over
their clerks to an extent not recognized
now, the men who are endeavoring TO re-
Ia ~