The San Francisco call., 1897-08-29
A FLAW IN THE REFORM.

THE decision of Judge Morrow sustaining the Govern
ments to the OF exPostmaster Bryan, in
suit to recover upon his bond, money stolen by an en-
poye in the civil service, may we'll dsquet every accounting
officer in the Federal service.
During the time when every such officer perfectly free
select all of his subornate the law and the courts held
him accountable his bond for all of their acts we'll as for
his oWn He must account to the Government for the last
bawbee he surrendered public money the obber who
held gun his head The system of official bonds and
official accountability exists unchanged under the civil service
law An accounting officer goes under bonds and order of
the President utterly conditions by deprving him of
liberty of selection of his subordnaes The Government de-
vers them to him by automatic operation of law. They steal
the Governments money and he must make it good though
the Government without consulting him abolished the eond-
ions under which the bond exacted.
We do hesitate say that under these circumstances
unsafe for accounting officer to give bond and the risk
assumed by his bondsmen is beyond that which any prudent
should take. The officer entirely helpless. The civil
service aanges all the conditions upon which his subordnaes
shall have and hold their places He cannot exact subbond
from them himself condition of their selection, for he
neither increase diminish the legal requirements at
ached to their position. The Government takes from them
bond running to it direct and holds them only to penal
sibiy, which is minor check upon dishonesty and affords
no protection to their principal.
During the last administration the shelter of the civil
service projected subordinate ocehoders The
principals the various departments in which they
appointed by the President confirmed by the Senate give
the form of bond provided hundred years ago and
by the Government and in place beyond their power of
mova They have taken oath and given bond provided
under legal conditions that have been obsoeed by the civil
service law and held responsible for hundreds of employees
who their superors permanency and ndepsnd
of political change.
The decision of Judge Morrow makes it plain that the
inferior Federal courts do feel authorized go beyond the
letter of the bond They will not consider the equities of
despoed principal in office which his ubordnaes his
superos in that tenure which is the of the official stua-
ton We do not know whether the issue be brought trial
before jury but in with all men who know the su-
alton that has been created feel that the issue should
the Supreme Court for final judgment upon the equities
involved and that tribunal holds accounting officer
responsible for the tht of subodnates who not responsible
him. the gross and manifest injustice must be emedied by
further legislation
Thick and thin civil service reormers may oppose either
solution but them that continuance of existing
conditions will accumulate opposition and add heavily to the
growing popular aversion to the civil service law, and aid
powerfully in its clean repeal
The law guards the entrance to and exit from the
tens of thousands of offices which protects Its
largely academic but the experience of mankind ams that
such tests proof of character and the quality of honor
and honesty those who pass them. may know the
latitude and longitude of Madagascar and the boundaries of
Swat and be orger in intent and an embezzler purpose
is within the easy reach of civil service subordinate
steal and hide and the extent of his will
exceed ten with credits for good behavior He may even
himself the cost of defense by pleading guilty and come
out of prison to enjoy his stolen and of his
uence goa over the poverty of his principal and his surees
who have been stripped to ecoup the Government. 1t
matter of the gavest public concern and invite an express
sion of opinion upon it. only from the opponents from
the friends of the civil service reform.