Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-09-30

The most important matter to
come up at yesterdays session of the
Federal Court was the application of
William Butler for an Injunction to
restrain A. B. White, United States
Collector Of Internal Revenue for the
District of West Virginia, from re-
moving plaintiff from the position of
gauger at the Hannis distillery at
Martinsburg, W. Va, and restraining
A. L. Hoult from qualifying as gauger
in place of Butler.
BHtler is a hold-over from the Dem
ocratic administration, and Collector
White desired to remove him and give
the place to a Republican. Butler
followed the course of Berry Lee Prid-
die, chief clerk in the Marshals Of
flee, who secured an injunction re-
straining Marshal Thompson from re-
moving him. The application of But
Ter came up through his attorney,
George w. Johnson, Of Martinsburg.
Judge Jackson, in allowing a tenn
porary restraining order and setting
down the application for hearing of
junction on the 9Th day of Octo-
oel' at Clarkshurg, made the following
remarks: viz ioiio " lug
The bill in this case was nresertod
TO me at Chambers this mornino and
l nave read it over carefn11v ~
states that the collector 90
revenue for this district ~ ~ lnternal
proceed to make changes of certain
officers in the Hannis distillery at
Martinsburg, and that those officers
are not only within the classified SER
vice as prescribed by the rules for
mulated by the President and the
Civil Service Commission, but are pro-
tected by the recent order of Secre-
tary Gage, which prescribes that no
removal shall be made from any posi-
ton subject to competitive examina-
ton, except for just cause and upon
written charges filed with the head Of
the department, or other appointing
officer, and. of which the accused shall
have full notice and an opportunity
to make defense.
cit appears from the allegations of
the bill that the collector Of internal
revenue of this district. is about to
remove the plaintiff in this action from
the position he now holds, in violation
not only of the rules formulated by the
Civil Service Commission, but in vio-
lation of the order issued by the
Secretary of the Treasury, and which
was reissued by the acting commits
sioner of internal revenue as Depart
ment Circular No. 119, forbidding the
ance of the terms of the order.
81 have heretofore, in a very well
considered opinion, so far as | could
in the brief time that was allotted to
me upon that occasion, considered this
question of the removal from office of
parties who were in the classified SER
vice of the United States, and l reached
the conclusion then that where man
had an alleged right in any Office of
the United States under the civil ser
vice-rules as formulated by the Pres
idene and the Commission, that any
| attempt to remove him or eject him
from that office for political or relig-
ious Belief, should be prevented by
some legal process known to the courts
of the country. l stated in that opin-
ion, according to my recollection, thai
there was no wrong but that there was
a remedy for it. / have observed thai
two or three of the judges of the coun
try have taken up the question of thu
jurisdiction of a court of equity II
consider the question of removal, ant
have reached the conclusion that they
had no jurisdiction in the premises
and after reaching that conclusion
some of them have gone on and argued
the question as to the cOnstltutlOnallt.
of the law, and otherwise.
Il have yet seen nothing that shake
me in my conviction as to the RICH
of court of equity to entertain bill
Of this character. 1t is true / hav
only seen the written opinion of Judg
Cox, and do not hesitate to say tina
differ in toto from his conclusions
AS he very properly said, there is
difference of opinion amongst tn
judges upon this subject, and suppos
he alluded to me, as he mentioned m
by name as being one of them. I
order that may have this matter re
argued fully before me. shall allo'
Z temporary restraining order and 5.