The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-09-04

Every Effort to Be Made to Have
the Deputies Reinstated.

Collector OF Internal Revenue Brady, oi
the Richmond, Va, district has defied the
civil service commission In one OF it's con.
tentions, and the Internal revenue branch
of the Treasury appears to uphold him In
| what re has done. Shortly after COllec-
tor Brady took hold OF the office he gave
the deputies to understand that he intended
to be collector. He mad, the bold state
meat that inasmach as he was under bond
and responsible, not only for what he
did, butf what his deputies did and failed
to do, that he proposed to know who those
deputies were ahdsee that thsy were men
in whom he knew be could place implicit
| trust.
Collector Brady has set an example which
it is thought Other, collectors will follow.
The recent modification of the regula-
tons issued by the President related only
to stamp deputies That class only was
| taken cut OF the classified service. Col
lec.or Brady has found way in which he
] thinks he will get4rid of the other class
Under the recent decision or Judge Jack
son, of the Federal court OF West Virginia.
it was held that the offices OF deputy
United States nIarshals were continuin &
| and that they continued to serve despite
the change In the head of the office. This
| decision was based upon the civil service
law. Comptroller Bowler, however, held
| that the men could not be paid unless they
were re appointed by the marshal
Under existing law the deputy collectors
| of internal revenue must take the oath OF
office under the new collector, although
the Civil Service Commission has held
that they are {, continuing set OF officers
as in tie case of deputy marshals. Col
lector Brady thinks differently and the
internal revenue depar tment Is OF the
same opinion. 1t Is admitted, however.
that Mr Brady must go to the commission
and have names OF candidates who have
passed the examination certified up to him.
These candidate must be residents of the
district In which they are to serve Here
is where Collector Brady finds way out
of the situation and sets the pace for all
tire other collectors of the country.
When Mr.. Rrady entered upon the dis
Charge Of his duties he simply refused point
blank to appoint new deputies. When he
was criticised for ~ doing, he pointed TO
section 3 AZ OF the Revised Statutes, which
says: THAT each collector OF Internal
revenue shall be authorized to appoint, by
an instrument in writing under Dis own
hand. as many deputies as he may think
proper, 10 hc compensated for the services
by such allowances as shall be made b. the
Secretary of the Treasury upon the recon
Inendation OF the Commissioners OF internal
revenue" That is as specific as the
English language can make Ii Collector
Brady says, and so does the department.
They also claim that period Is put to the
terms Of deputies, by Inference, at least, In
section 3l49, which reads: 'In case OF a
yarancy occurring in the office of col
lectnr, the deputies of such collector shall
continue TO act until his successor Is
appointed
Collector Brady contends that he is the
successor Of the Democrat who has Just
gone out OF office. and that his depgties
ceased 10 be deputies when he was him
self appointed unless he sees fit To reap
point them, and that is what Collector
Brady saws he Will not do.
There are fourteen Of these deputies, and
Mr.. Brady has notified them that they can
not lie reappointed. He proposes To go to
the eligible list of the commission and
have the names of those who are on that
list certified up TO him. 1t is al easy
matter for him to ascertain the politics
it IS another easy matter for him To show
that the Democrats who may have been
certified are incompetent. In this way
he will be able to fill his office with Re
publican deputies. and Collector Brady is
said To be the kind of man to work
THE kind Of a game.
OF course he naght run right up against
the order OF the PRESIDENT, and the COM
mission may take the matter before the
President himself in an effort TO dismiss
Collector Brady from the service IL will
then remain To. be seen whether the Prasi
dent really intends TO enforce the spirit
a. well as the letter or the civil service re
form law, or let the various officials in.
terpret IL as pleases them best. There is
claimed to be no doubt about Mr.. Brady's
power in refusing 10 reappoint the old
deputies; there is a doubt, however, as
To whether he can re ject the men certified
in the manner il is clained he intend TODD.
This win open a new phase OF the case
that will be watched with interest Ii is
claimed that such discrimination was eX-
ercised To some extent In the Government
Printing office under the latter part OF
the rule Of Mr.. Benedict.
Collector Brady is not To be permitted to
have his way without d struggle He
Will encounter Some energetic opposition
The whole influence OF the Democratic
leaders OF Pennsylvania will be brought To
bear against him. An effort will be made
to ma Ike Mr.. Brady action test cas- L and
force tie President aud the Civil Service
Commission to pass upon 1t.
None of the members OF the commission
was q, his desk this morning, but the Off
Gals say that the commission will prob
ably take cognizance of Collector Bradys
act and call the attention of the Secretary
of the Treasury to IT, An inspector will
also be ordered to Richmond to make an in
vestigation or the facts The commission,
it is said, holds that under Judge Jack.
sons decision, and under rulings that have
heretofore been made by the Attorney Gen
eral, deputy collectors of internal revenue
are continuing officials, and hold over, de-
spite the change in the head of the office.
1t Is also denied at the office of the com
mission that Collector Brady can reject
such men, certified up to him, Az do not
meet with his favor. Under the civil serv-
ice regulations the men certified must be
accepted, and can only be removed, under
McKinIey's recent order, on written and
proved charges.
II Collector Brady evades this law, as
it is threatened he will do, the commits
sion will investigate him, and IL he car
ries out his threat will recommend his
dismissal from the service. His policy, cut
lined by his friends, is nothing less than
the exercise of -discriminat ton that is
forbidden by the law, and for the exercise
OF which several postmasters have been
sun,narily dismissed from the service.