The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-03
OBSERVATION-DISCLOSURES
THE CONSTRUCTION OF THE CIVIL
Law INVOLVED.

s,ner,rteudsnt OF Mails Procures q Tempo
r,ry RestraininE Order ForbiddinE His
R.moya, or Trnnsrer to y Lower Post
lion without the Filing or written Charges.
WARRINGTON, Sept. Post master General
n.-r and First Assistant Heath were this af-
,.rnoon served with a temporary Injunction
,.sucd by Justice Cox Of the District Supreme
court. forbidding them from removing John G.
woods, superintendent OF mails at Louisville,
XIV. from his position, or reducing his com
sensation, or interfering with him In the con-
duct OF his office. This action Of Mr.. Woods in
hrnuing suit against tho Postmaster. General
and his subordinates TO compel the depart
roent to retain him in office is regarded as OPEN
inp up a very important series OF questions rc-
1srding the construction of the Civil Service
law, the right OF Presidents Cleveland and Nc
E,nley TO extend tho provisions of the law linn
ting the power of removal, and the construo-
,ion OF various amendments made by them. es-
pecially by President Mckinley In July last.
MIR. Woods was appointed in June, 1893. and
the Post Office authorities admit that they
have no charges against him. But on Aug. %
Mr.. Woods received notice that he had been
transferred" from the place he occupied to
that OF an ordinary railway clerk. which meant
that he would go on the road at u considerably
reduced salary, and Lewis O.Donnell was APP
pointed in his place. Mr.. Woods deGid de to
determine the extent OF the power Of removal
resting in heads of departments undor tho
Lowe, Woods attorney here, this morning, hav-
ing filed a bill for a permanent Injunction. went
before Judge Cox and presented . motion for a
temporary restraining order against Mr.: Gary.
Mr. Heath, and their subordinates, which the
Justice granted this afternoon, making 1t re-
Mr.. Woods's case comes within tho terms Of
President Mckinley's recent order extending
the provisions OF the Civil Service law, as well
as those Of President Cleveland's. because he is
both within the classified service and his posi-
ton is subject to competitive examination.
dent McKinley's provision that no otiiceholder
OF this class shall be removed without charges
TO mean that he shall not be entirely removed
iron, the department., but that IL does not pre-
vent his transfer to another position. although
the transfer involves a reduction in salary. Mr..
o %eG POSITION to a another without the Consent Of
the holaer OF the position practically consti-
tutes a removal according to Mr., McKinley's
charges against the oficeholder and giving him
an opportunity TO refuto them.
rsre fled against him and that no hearing was
given him. IL this contention is upheld by the
courts it win give the department considerable
this class, as they have done heretofore without
question.
Another important question involved Is
whether the Civil Service law throws any safe.
guard around removals from office. There is
now no question that it controls to a certain
the Civil Service Commission to enforce the pro.
visions OF the orders Is restricted to taking cog
nizance Of violations and regulating the exam
nations and the certifying Of lists OF those who
arc eligible to appointment. The commission
holds that the questions in this case are wholly
within the Jurisdiction OF the courts.
The case OF Mr.. Woods has aroused much In
terest in Louisville, and 1t Is understood that he
has been forcibly excluded from tff Post OF
fees there. A certified copy OF the temporary
Injunction was sent to Mr.. Woods's attorney in
Louisville to use in obtaining an Injunction
there restraining the Postmaster from %interfer
ing with Mr.. Woods in the conduct Of his office