The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-11-12
gr,cInl Dispatch to the Intelllgencer.

Special Dispatch to the Intelllsencer
WASHINGTON, D. c.. Nov. II. =
There is an effort being made to apply
Judge Jacksons restraining order
aelns, Collector White to every office
under the Internal revenue bureau in
the United States. 1t is claimed by
Democrats, in behalf of the hold-oVeFs.
that the order VIII prevent the removal.
reassIgnment or reduction in grade OF
deputy collectors, store-keepers, gaug-
ers, and every other official, high or
low, in whatever department found,
who was protected" by the sweeping
executive order Issued just before the
close of the laet administration.
on the other hand, 1t is contended
that the commissions of deputy collec-
tors. whose appointments were made
upon the recommendations OF collectors,
expired with the exodus from office OF
their chief, and q comparison Is made,
for convenience, with the rule govern
Ing the appointments OF deputy sherins
under state laws. But there Is law for
the contention of those who hold, as
does Collector Brady, OF Virginia, that
the commission of deputy collector,
like that OF his next superior In office,
expires by limitation, at the expiration
Of four years, and that new collector
may or may not re-appolnt, as he sees
tit,
WILL CARRY IT UP.
Again, 1t Is claimed that whatever
Judge Jackson may have said concern
ing officials other than gaugers and
store keepers was outside the record,
since there was no question raised be-
fore him as to the tenure OF any
officer but those named. The determin-
alton OF the government counsel to
carry the matter from Judge JacksonS
court to higher tribunal ls attracting
attention, since there nre many involv-
ed in the decision and many others who
want to know to what extent an eXecu-
tive order may be accepted us law.
Senator Faulkner, fresh from his VIC
tory as counsel in the case before Judge
jackson, was interviewed here as TO the
scope OF the decision. He said: Judge
jackson has covered almost every ques-
tlon that has been raised in Connection
with the law. and until his opinion is
oyer-ruled by higher court his decls-
ion makes 1t necessary that all appoint
ing officials of the government be guild
cd by the letter OF the law, and the regu-
latlons framed to make II effective. l
rlgard the decision as the greatest VIC
tbry that has been gained for the merit
system, and have no doubt that II the
case is taken to the supreme court that
the decision will be sustained. The ef-
feet wilt be to make secure In their posi-
tions about $1,000 men, who are protect
ed by the law"
a REMARKABLE CONSTRUCTION.
Speaking of Judge Jackson's ruling,
Collector Brady, in whose district there
Is a contest over the tenure of some
deputy collectors, said to-day: From
the reports printed in the press, 1t
strikes me as most remarkable con-
struction OF the plain, mandatory pro-
vision OF the statutes as to the assign
ment and unasslgnment OF gaugcrs.
which law has not been repealed by any
civil service law. AS / understand It,
Collector White has only attempted 10
exercise the authority plainly conferred
upon him, with the commissioners np-
proval, to f. relieve from duty certain
gaugers and store-keepers, and to as
sign others in their places. This has
been the custom, so far as know, ever
since the organization OF the Internal
revenue service, and II has never been
disputed, even by the civil service COM
missioners. The opinion OF a lawyer OF
prominence have met here In Wash
ington during the past few days is that
Judge Jackson will be oyer-rufcd by the
higher court on appeal"
WILL DIsoRGANIzE THE ENTIRE
SYSTEM
Commissioner Forman doesnotbellevo
Judge Jackson's decision will hold. Col
iector White has been here comforting
with him for the past few days, ana to.
gether they have. 1t 10 understood per-
feCted the plans for an appeal OF the
case. II In the opinion Of the bureau oiil-
Clals that II Judge Jackson is sustained
Il Will dlsorganize the entire system OF
The Internal revenue service in the as
gignmcnt OF gaugers and Btorc-keepers
Commissioner Forman Will, therefore,
assist Collector White In ha appeal. Tho
papers In the West Vfrgiunia case ara
now In the hands OF Solicitor o'Conncl,
Ol the treasury department.
Attorney General MClSennn has noti-
ned Secretary Gage that he cannot pass
upon the question OF the status OF dep
uly collectors and deputy marshalg, for
the reason TINT nc is asked to decide a
hypothetical question.
This was In part the Virginia case.
The collector had mnde his appoints
monts without consulting the civil Ber-
vice Comlssion, and was unable TO de-
tormine the question whom protest was
made. aud referred, II TO The attorney
general
tits of record that Assistant Attorney
General BOYD, into whose hands tho
matter came, wrote an opinion TO the
effect that deputy collectors nre not
within tho provisions Of the civil servlcn
law. This " understood 10 have been
submitted to Mr. Mckennh, but instead
Of approving or rejecting the opinion,
he disclosed his dissemination to pass
upon the matter. The question is now
before the solicitor Of the treasury
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