Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-11-16
A Formal Statement Made by the
Commission.
I9
IT AGREES WITH JUDGE JACKSON
Opposed toa'the : Commissioner of
naI5Reyenue.
THE DECISIONS SCOPE


West Virginia regarding the civil service
law. Mr.. Forman expressed his views in
an interview in The Star a few days ago.
A Star reporter to day requested the COM
mission to make statement of its views
on this subject. The statement follows:
1.-THE civil service commission has taken
great interest in the discussion during
the last few days Of the recent decision
Of Judge Jackson in the case Of the in
ternal revenue employees, who claimed the
protection of the court against the at
tempt of the collector Of the district of
West Virginia to transfer them for al
legged political reasons to less desirable
assignments to duty,
At the commission this morning 1t was
said that Judge Jackson, who, by the way.
was appointed to his present position by
President Lincoln, has always been noted
for the clearness of his opinions. With
his keen insight into the political aspect
of the internal revenue service he says
substantially that the transfers involved
were for the purpose of making vacan-
cies in the more desirable positions in Or
der to fill them by assignment of politi-
cal favorites. By means of such trans
fers the present officers regardless OF
their efficiency would. be reduced to less
desirable assignments.
Judge jackson Quoted.
In discussing this feature of the case in
connection with the provisions Of the act
and rules relating to appointments and re-
movals. the judge says:
There is no pretense on the part of the
appointing power that they ever intended
to comply with those provisions Of the law.
He holds that revocation Of the assign
ment or transfer of the plaintiffs in these
actions is in effect removal and that a
removal for political reasons falls within
the inhibition of the civil service act. and
the rules promulgated under it, But it Is
INSISTED that this is not removal. but
transfer, and that under the provisions of
section 1854. passed August 10. 1876. the
commissioner may transfer any gauger or
storekeeper. That section provides that
the commissioner may also transfer any
inspector, gauger, storekeeper or store
Keeper. and gauger from one distillery or
place of duty or from one collection dis
trict to another This section is man.
datory and binding upon every officer of the
United States who comes within its terms
but 1t does not authorize the appointing
power to make the changes proposed by
the defendant collector 1t is obyious from
the reading Of that section that it only
authorizes the commissioner to transfer the
officers mentioned in it from one place of
duty to another place of duty in the same
district or from one collection district tn
ar other 1t does not In express terms
say that you may transfer the officers
mentioned in it from one position to another
In the same distilery. 1t was evidently
the intention Of Congress in tne enactnnent
of this clause of that section to nermit
transfers as have indicated, but there ia
10 provision for the reducing of a man in
me grade or the position that he has held,
CoT gress evidently supposed that IL n no
came necessary to remove or reduce a ma,
Tor incomPetency to d lower position in the
same grade that the appointing r,wer
might exercise the power Of. removal. 'but
s1Ice the pasSage OF the civil service act
that powerGof removal is limited and con-
trolled by IT. which, being subsequent act
70 section 1854, so far as they are in }con
nict with each other. limits and controls
the commissioner in his action.
" 1t Is idle to say as. in the instance 20
Isuchman IN this case, that where he has
heiu the position of head or day storekeep-
e e mat ne can be changed or transferred
from that position to that Of addjtjona Al
storekeeper, which is a change in rank
without multiplying the civil service act and
the rules In force under it. A transfer Of
tnls character from the head or chief no.
sitfon to a secondary position as that Of
additional storekeeper necessarily must no
and Is change of rank in a public posi-
tlon, which Is necessarily a removal that
can only be made under the civil service
act and the rules promulgated under it,
The COmmission's Comment.
From the language above quoted it
would appear that the judge substantially
considered the proposed transfers by the
collector as actrated, not because of a de-
sire to recognize merit on the one hand
and incompetency on the other, or to meet
any special demand of the service. but
rather for the purpose Of exercising politi-
cal favoritism. 1t is not seen how this in
depreciation of the law and rules can in
any way affect transactions of the internal
revenue business except in SO far as such
transactions are inspired by political mo-
tives. If at any time it shall be shown to
the commission that the Presidents rules
interfere with the satisfactory conduct of
the business of the internal revenue bureau
the commission will ask the President to
make such notifications as may be neces
sary to promote the interests of the serv-
ice. Undoubtedly the business connected
with the collection of the internal revenue
can be conducted best by placing 1t as
largely as possible in the hands of the most
efficient employees Of that service, and this
is the sole purpose of the civil service rules
which apply to that service. This course
is followed in the principal countries of the
world.
1T is matter CT common knowledge that
in the internal revenue service there are
many officers who are assigned to duty
only occasionally and for brief period of
time. 1t would seem that the less expert
cnced officers might with propriety be Civ
en- this occasional duty. as is the case in
the customs service, and as they become
more efficient they might then be promoted
as vacancies occur to the more desirable
as signments.
Under the opinion of Judge Jackson 1t
al pears that after such promotions have
been made the new assignments should not
he revoked without just cause or efficient
officers reduced 70 unimportant and unde-
sirable position tp order to make better
paid positions for the political favorites of
the appointing, powsG. This opinion seems
spirit of the Evil service act.
Scope of the Decision.
Judge Jackson s#ds:
First. That fthe act known as the civil
service act Isl unconstitutional
Second. That CONGRESS has not delegat-
ed to the President and the commission
legislative powers.
terpal revenue service has been placed I'M
der the civil service pct and rules made in
p Fourth Ind tho plaintiffs in these &C.
items arc oficefs OF the government in the
internal revenue service.
Fifth. That they cannot be removed
from tt cir POSITIONS Except for causes other
than political. in which event their removal
must be madsv under the terms and pro-
visions cf the Evil s9fvice act and the rules
promulgated under It, which, under the act
CT Congress. become part of the law.
Sixth. That the attempt to change the
position and rank of the officers in these
x,ioY mt foy1 oP$ ~ T.,