The times., 1897-05-14
THE RIGHT OF DISMISSAL
Powers Of officials Involved in
the Keim Case.
WASAP PENSION BUREAU CLERK
He Demands Reinstatement In His
Position, With Pay for the Time
He Has Been Out Efficiency Rat
ing Attacked ed-Argument in the
Court of Claims.

The Court OF Claims yesterday heard
the case OF Morris Keim, Union veteran
VINO has applied for reinstatement in the
Pension Bureau, claiming that his dis
missaI from q position there was illegal.
He also sued for the pay which would
have been due him had he continued in
office.
The case is test one, involving several
points in the enforcement and interpreta-
ton OF the civil service rules, with particular
reference to the discharge of departmental
employees.
Keim claims that his Dismissal, which
occurred under thelast Administration, was
liz violation of the civil service reform law
and contrary TO section 1854 OF the Re-
yised Statutes of the United States.
He charges that the systeH OF rating
the efficiency of clerks in the Pension
Bureau was unjust, and that clerks were
Disseminated against on account of Their
political affiliations.
On the OTTER hand the Government oon-
tends that Kein was dismissed for in
efficiency. Incidentally the Government
claims that The statute referring TO old
soldiers and sailors in the civil service
is a directory and not a mandatory statute.
To this keim replies that the record npon
which he was dismissed was so nlanipu-
lated as to render possible the discharge
of political offenders on the score Of In
efficiency: and that the old soldiers and
sailors statute is one which can be
enforced or not, at discretion.
Counsel Clancy, for the plaintiff, show
that Keim was appointed to clerkshir
in the old Army and Navy survivors
division of the Pension Office He sketch
ed the character OF his worl; and quoted
his rating ON the efficiency record OF that
division His rating averaged SO. His
chief provided him with letter testifying
to his capability as q clerk.
Then X elm WAS transferred to the east
ern division OF the bureau. Here, he main
,ained, his troubles began. The chief was
q Democrat of the NEST Democratic ten
dencies Keim was given desk in Ozark
corner Of the office. and the most difficult
eases were turned over to him for adjudi
cation After repeated protests he was
allowed To take a desk in better lighted
part OF the office.
In addition to the regular duties as clerk,
Keim translated letters FROM foreign ap-
plicants fer pensions. Still, with all these
condi tions against him. his efficiency
rating stood at an average OF 80.
Notwithstanding that he was becoming
more familiar with the work of that divi-
sion, and was doing so he maintains, one
third more work of equal character than
several of his feliow-clerks, his rating
for one month fell to 40 and in the next
month to 60. Then he was dismissed.
TIE printed testimony showed that an
errcr in the eastern division counted three
roints AGAINST tie clerk, and an error in
corresponding work in the other divisions
Of the office counted but one roiHt against
the clerk.
At / O'Clock the court took half hour
recess.
Wien it again convened Assistant A.tor-
ney General j. G. Capers, who conducted
the case for the Government, spoke
He said that if the court should attempt
to reinstate MIR. Keim it would assume
supervision over the acts of an executive
officer in direct opposition TO that part
of the Constitution which provides for
the total isolation of each Of the three
branches Of government.
In the case of Kein, Mr.. Capers quoted
from the records to show that the plaintiff
was grossly incompetent. He also stated
that, hile in office, Keim had been off
on sick leave so much as to excite com
ment
1T was not intended when the old
soldiers clause was placed in the civil
service" he continued, . TO make it an
asylum for aged and infirm men. Even
the veterans themselves do not wish this.
III there has been wrong done sue the
Secretary OF the Interior. Do not attempt
to put your hands into the United States
Treasury"
In closing, Mr. .Capers adverted to the
rclicy OF this Administration which he
said is greatly inclined toward the old
soldiers.
Judge T. r. Smith, who closed the case
for the plaintiff, argned that the case
came within the jurisdiction OF the court,
as it involved violation OF law.
He quoted the testimony of Commissioner
of Pensions Murphy to show thatthefigures
which constituted a clerks record did not
pass through the hands of a higher Off
silIe for the nisstaternents in his clients
case, but his immediate superiors.
The case was now left in the hands OF
The court, which adjourned until O'Clock
next Monday No Judgment is expected
in the case for at least two weeks.