The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-09-30

Once more complicated matters en-
anating from our civil service regula-
tons are being hauled into the circuit
court OF the United States,
The case before his honor, Judge
Jackson, is that of William Butler,
plaintiff. who Is In the Hannis distil-
lery, at Martinsburg, versus A. b.
White. collector of Internal reve-
nue. for the district of West Vir-
glnia, and A. L. Hout, defendant.
Yesterday morning Attorney George
W. johnson, of Martinsburg, appeared
before Judge Jackson and presented u
petition, praying the court to issue an
order restraining Collector White from
making q certain removal in the Mar
tinsburg office. The court acted In the
affirmative.
There are several other plaintiffs In
prospective, and the respective attor-
neys will, no doubt, appear before the
court to day, praying for restraining
order In the original bill, presented to
the coutr In chambers, the matter was
presented in a collective form. This the
court could not pass upon, and II was
ordered that the matter be presented in
separate cases.
OF course, this is matter fully un-
derstood by every citizen, the plaintiff
being an appolntee under n Democratic
administration. and protected by the
cloak of civil service reform. provided
there is no charge of incompetency in
augllrated upon the one hand, and that
of Collector White upon the other, who,
It Is claimed, has the power, according
to law, to reinstate any old soldier, dis
missed for political reasons, and hence
the reinstatement Of several old soldiers
and a request of resignation by Mr..
White Of the plaintiff,
The following Is the restraining order
issued by Judge Jackson:
In the circuit court OF the United States
for the District Of West Virginia, Will
lam Butler. Plaintiff VS., a. b. White,
Collector OF Internal Revenue for the
District OF West Virginia, and A. L.
Aioult defendants-In Equity.
Upon a motion OF the plaintiff for an in
junction to restrain a. b. White. collector
of internal revenue. from removing the
plaintiff from the position OF gnuEer At the
Hannis dlstlllery, at Martinsburg, ana re-
stralning a. l.. Hoult from qualifying MS
kuukGI III pave VI wv SalN i'Ab'As
RESTRAINING ORDER.
Judge Jackson In allowing a temporary
restraining order and setting down the ap-
plcation for n hearing OF the injunction
on the 9Th day OF October at Clarksburg.
made the following remarks:
1.-THE bill In this case was presented TO
me at chambers, this morning. and have
read II over carefully. It states that the
collector OF internal revenue for this dis
trict Is about to proceed TO make changes
Of certain officers in the Hannis distillery.
at Martinsburg. and that those officers
are not only, within the classified service
as prescribed by the rules Terminated by
the President and the civil service COM
mission, but are protected by the recent
order OF Secretary Gage, which prescribes
that no removal shall be made from any
posltlon subject to competitive examine
tiob, except for lust cause and upon writ
ten charges filed with the head OF the dc,
partment, or other appointing officer, and
OF which the accused shall have tull no,
tice and an opportunity TO make defense.
at appears from the allegations OF the
bill that the collector OF Internal revenue
of this district Is about to remove inc
plaintiff In this action from the posltlon
he now holds in violation not only q the
rules formulated by the civil service com
mission. but in violation Of the order JUST
issued by the secretary Of the treasury.
and which was relssued by the acting COM
missioner OF internal revenue as depart
ment circular No. ll9, forbIdding the re.
mOval Of parties except In pursuance oil
the terms Of the order
81 have, heretofore, In a very well CON
Hidered opinion so far as ] could In the
brief time that was allotted to me upon
that occasion. considered this question oi
the removal from office Of parties who
were In the classified service Of the United
States, and reached the conclusion then
that where a man had an alleged right IN
any office OF the United States under the
civil service rules as formulated by the
President and the commission, that any
attempt to remove him or eject HIN, from
that office for political or religious belief
should be prevented by some legal process
known 10 the courts OF The country.
stated IN that opinion, according to ms
recollection that there was no wrong but
that there was remedy for II. have
observed that two or three Of inc Judge,
of the country have taken up the question
of the jurisdiction Of a court Of equity &c
consider the question OF removal, and have
reached the conclusion that they had nc
jurisdiction In the promises, ana hitoi
reaching that conclusion some OF then
have gone on and argued the question rs
To the coustitutiOnallty OF the law, anG
~ have vet seen nothing that shakes m,
in my conviction as TO the right Of cOur
OF equity to entertain bill OF THIS char
actor II II true have only seen tho writ
Ton opinion Of Judge Cox and do not hes
itate 10 say that ! diner In toto from hi
conclusions As he very properly said
there n n difference Of opinion nmOngs
the Judges upon this subject, ana ! sup
pose he alluded TO me, MS he mentioned IN,
by name as being ono OF them In orlcl
TINT 1 may have this matter FeaFRHe'
fully before mo, I shall ALLOW temporary
restraining order and got this case dow
for hearing at Clarksburg on the 9Th dal
Of October"