Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-03
JUDGE JACKSON'S DECISION
His Exposition Of the Broad Scope Of the
Civil Service Law.
n Restraining Order 10 Prevent the
Removal of "A Deputy United
States NarshaI.

The decision of Justice jackson in Nest
Virginia II the cast of a deputy marshal.
who declined to be removed from his office
and appealed to the law for protection. is
attracting much attention, and is heartily
approved by civil service reformers The
places of all government clerks are affected
by the broad constructions which Justice
jackson has placed on the civil service law
Justice jackson speaks of the pIaintlT
as having ii vested right in his office and
says:
IF he is protected by the civil service
act in the enjoyment of his office II neces-
sarfiy follows that there should be some
remedy by which he could protect his rights
in the enjoyment of it,
OF removals he SAYS:
1t is obviors that Congress has under
taken, by the civil service act TO restrain
the exercise of the power TO remove BY
the appointing power. 1t evidently hoped
TO Improve the service by limiting the power
OF removal, leaving an Incumbent to re-
tain the position held until removed for
cause Other than political or religious be-
llef III this was not the intention of Com
gres5 then this civil S, rvice act is mere
brutum fulmen.' and the attempt of Con-
abortive.
THE office in question has. in past times
oeen egIroed as an Office which belongs
to the victo rious political party and was
L do not now so understand II nor do 1 SO
regard 1t. If there is anything in the act
oil Congress known as the civil service act.
and the amendments to 1t. the Office is one
July prot ectcd by ii and the occupant Is
withdrlwn from the spoils of party. In my
Judgment the civil servic. act is a law
FOUNDED In wisdom. and IL IL Is
executed In the same wisdom IN
winch II was conceived and en-
acted II will not only prove to be
one of the wisest statutes that has been
enacted in the latter part of this century,
but one of the safeguards of our republi-
can institutions"
Justice Jackson says there is no statu-
tory remedy against removal of an incum-
bent from Office. but he says that all ques-
lions which arise under a construction OF
the civil service law should be at once de-
cided by the courts. In cases where
moval is threatened but not executed the
person concerned has a remedy in an in
Junction Ito stay the hand that causes the
removal This, o. course. applies to re-
mcvals for political or religious afflia-
ZION, the two causes which expressly
barred by the statute. The injunction
when granted. Judge jackson points out.
does not settle the question of title to the
office, but merely goes to the protection
oil the present incumbent against the inter-
ference of claimants out of possession. and
whose title is not yet established" In
conclusion the court holds that this doc
trine lis in the interest of social peace and
order and says:
1t follows. from what have announced
as the opinion OF the court. that an in
junction will he allowed to restrain the
marshal and all others claiming the posi-
ticn now held by the plaintiff. from any in
reference or molestation with him in the
possession of the Office or position now
held by him until the further order of the
court