The times. [volume] (Richmond, Va.) 1890-1903, 1897-11-10
HOPE FOR THE Ex.DEpUlIES.
Judge Jackson's Decision Applicable 10
!he Internal Revenue once Here.
WHAT CAPT. GEORGE D, WISE SAYS.
THE Issue Involved IL similar 90 That in
she Removal Of the Deputies Under
Col. James ID. Brady--The Appeafto
be Decided In this City Probably.

The decision OF Judge John J. Jackson.
OF the United States District Court for
the district OF West Virginia, concerning
the civil service law. Is Of great interest
here
The Times printed a synopsis OF the
Judges opinion yesterday.
In 5rsef. Judge Jackson decides that a
collector OF internal revenue mas no
authority 10 transfer man from higher
10 a lower position in the service. lie
upholds tho constitutionality Of the civil
service law and holds that the service
k>n been placed under the merit code'
WITS THE BRADY CASE
H6ass decision seems TO NJ the case OF
ayuties displaced BY Collector james ~
Brady. r. a.,
Hon. George ID. Wise. counsel for the
d,sniaced deputies. was seen by Times
renorrer He had read OF Judge Jack
son.s decision and was greatly pleased
with f. Mr. Wise said that the case de-
rldcd was exactly Hike that IN which ne
was counsel. The collector Of Internal
revenue in West Virginia followed the
example Of Colonel Brady and made
changes in the personnel OF his ofhce.
Judge jackson decided that he had no
authority OF law for his action, and the
effect OF the decision is that the man re-
duced TO a lower rank Is restored to MS
former position.
TO TAKE AN APPEAL.
An appeal is to be taken to the United
States Circuit Court Of Appeals at Rich-
mond. In the meantime. the official
whose position is involved In the contro-
yersv will fill the Office he formerly held
When the Court Of Appeals renders It's
decision II is presumed the case Will be
appealed to the United States Supreme
Court.
Judge Jackson's decision has given hope
10 the deputies deposed by Colonel Brady.
should the Attorney General OF the United
States and the President uphold Colonei
BRADY. Il is understood that Judge
Hughes will be asked TO grant an in
function restraining Collector Brady
fom making changes in his office and
compelling him to reinstate the deputies
deposed.
In view of Judge Jackson's decision. IL
Is believed such an injunction viii be
granted and the men will hold their OLD
positions until a higher court reverses
the decision
Judge jackson is one OF the oldest men,
bers of the bench. He frequently sits on
the bench Of the United States Circuit
Court OF Appeals in this city.
VIEWED IN WASHINGTON.
A special telegram to The Times last
night from Washington. ID. c., says:
Judge Jackson's decision in West Vir-
ginia in favor Of United States gaugers
and store-keepers who were granted an
Injunction against the internal revenue
collector. prohibiting that officer from
making assignment or revoking assign
ment has created considerable comment
here.
'sThe Civil Service Commission has
never made any contention on this point,
but on the other hand, the right of a col
iector to transfer or lay off gaugers has
always been. exercised without question.
Collector Ryan laid of Gauger New
berne. I'm the Norfolk division. and as
signed Gauger Store-keeper s. Boyce
Brady IN his place "The fact that the
West Virginia judge takes more ex-
treme civil service ground than the Civil
Service Commission itself is applauded
BY the friends Of civil service reform"