The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-10-05
The COLLECTION o,u--O
RIGHT TO REMOVE UkPUilLo ouolnnLO
BY ThE AIT KNtY 1lnLhnL.
If Approved by the PlesIde't, the ruling u
Open the Way for the Appointment q
Large Number Of ReJuo,iSans
10 Office.
Washington Post.)

There is lying upon the table of the
President an opinion, written py AASE'-
tant Attorney General Boyd for the s.s-
nature of Attorney General Mckenud,
which sustainS the collectors of Internal
revenue and the United States MAJ ShaN
who have celebrated Their accession to
office by wholesale slaughter of the
deputies appointed by their predecessors.
The opinion is directed to the case oi
James r. Brady, collector of internal
revenue for Virginia, who fred ali tht
deputies in his office before the ink was
dry on his commission and appointed
Republicans in their places.
The fact that Mr.. Brady would be
oined by the Attorney General must
have been communicated to other col
ectors, for many of them, particularly
those in the South, have made haste to
follow his example. In Maryland, Ken
lucky, and Tennessee the slaughter has
been frightful Within the last few days
Notwithstanding the recent order of tn,
President, and the intimate relations
which exist between him and several of
the bloodthirsty collectors justify the
deduction that they knew what they
were about before they started the gull
lotine.
The opinion of Assistant Attorney
General Boyd was the subject of confer
ence at tie Cabinet meeting on Friday.
and was held over for further discus
sion and for revision by the President
himself. for he wants the phrases to be
so framed that they will sustain the
spirit and letter of the civil service law
without interfering with the removal
of Democrats
SO far as can be ascertained the At
torney General in Col. Brady's case
holds that the tenure of n Deputy Col
lector or a Deputy Marshal runs with
that of his chief. because It was by him
that the appointment was made. This
rule does not apply, however, to gauger>
and store-keepers, because they are ap
pointed by the Commissioner of Intern1
Revenue under special provision a
law, and their numbers and duties art
specified in the statutes. They also per
form clerical duties, while the deputie.
are more or less in numbers, aecordins
to the necessities of the case. The,
compensation and their duties are mo-
always fixed, but they are often depen
dent upon fees and special emergencies
Sometimes 1T is necessary to have ten
The Assistant Attorney General cites The
decisions that have been rendered by
several courts on the appeals of dis
charged office-holders. He takes th'
ground that the civil service law did not
repeal any statutes previously enacted
and that no positions of an administra
tive character can be considered perma
nent, except where the tenure is fixed by
Law. If man is appointed to office fol
n term prescribed by statute. there Is
ground for restraining order to prevent
his removal but there is neither law
nor equity in the cases of officers whose
terms ere not so fixed. Furthermore
the Attorney General holds that no Of
fic1al of the government can he com
nel'ed to do anything that IS mot express
" required Of him bv the law. The
President, therefore, cannot prevent .
Collector of Intcrnal Revenne from re
moving men from office. Re can disc.
Mine the Collector Nv removing him, but
there his power ends