The times. [volume] (Richmond, Va.) 1890-1903, 1897-11-12
BAD FOR THE DEPUTIES.
MkENNA A."
90 ON THE SUPREME BENCH.
This Is the Rers3n He Has Not "ri''e"
His opiiisy on the Removals
in Ia sdy's once.

WASHINGTON, Nov. 1l.-Speciai'--A'-
torney-General McKenna has not yet be-
gun work on an opinion which ne was eA-
pected to prepare for the Treasury
partment concerning Internal Revenue
Collector Brady and the good ana eihc'e"'
deputies which he ousted, and from 'he
best information that / can gather ne
never will. The Attorney-General is soon
to quit his Office and go on the supreme
Court bench. This Is one OF the reasons'
and the main reason, he has failed to rem
der an opinion in the important case ID
question.
Mr. McKenna has been pleading press OF
business as the reason why ne nds NO
written an opinion. but one OF MS ciosest
legal friends told me to-day that the AT
tornev-General had made up his mind 10
leave the matter TO his successor. Ihis
is not lodging the issue. Mr.. Mchenna
gimplv governs himself according TO pro-
fessional precedent
Some day the Supreme court VIII nave
tho v,boIe question OF internal revenue law
before 1t, and that being so he as pros
pective Judge on the bench. does not wish
10 pass on a question as Acknowledgement
that will probably come to him for a still
more binding opinion.
This Is not good news for the ex-depu-
ties. but | simply report things as they
are. Later on Mr.. Mckenna's successor,
whoever he may he. will render an opinion
which. IL is hoped by civil service reform
ers. will be satisfactory to the men whom
Collector Brady failed to retain or reap
point.
Mckenna has either notified Secretary
Gage or will notify him at once TO the
effect that he cannot pass upon these, or
any other similar questions.
WILL Go SLOW.
No mater whether Mr.. McKenna were
about TO leave the Cabinet and go on the
Supreme bench" said an administration
man to-day "hc would go very slow IN
rendering an opinion I'm the now famous
Brady ease because the whole civil servlo'
system Is being shaken mp and new ques-
tions arise almost daily. The civil service
law will either he wiped out or an ex-
haustive ruling Of the Supreme Court VIII
be soon called for"
personal.
Mr.. r. = Valentine and bride we're
here to-day. They left this afternoon for
Baltimore.
Judge Hughes paid a flying visit TO
Washington last night.
Or. s. Gaiesh arrived last night. but
left early this morning for Baltimore.
MKENNA CAN'T PASS ON TT.
Tho Washington star says:
Acknowledgement McKenna has notified
Secretary Gage that he cannot pass upon
tho question Of the status Of deputy col
loctors and deputy marshals for the rea-
SON that he IS asked to decide a hypothet-
ical question.
Secretary Gage some. time ago referred
TO the Attorney General the question rails
cd bv Collector Brady Of Virginia. VINO
Amounted a number Of deputy collectors
without consulting the civil service list.
The Secretary Of the Urea sury has been
unable TO decide the matter. and asked
the Attorney General 20 give an opinion
whether the terms OF deputy collectors ex-
rire with the term or the collector. as
held bv Collector Brady; n the terms so
expired whether the successors should he
appointed from 4 civil service list or by
the collector himself
Assistant Acknowledgement Boyd first
took the matter In hand and wrote an
! opinion 10 tho effect that deputy collectors
are not within the provisions Of the civil
rorvice law This opinion was submitted
TO the Attorney General for his approval
| or rejection. IN stead Of doing either the
Attorney General declines 20 pass upon
, tho question on the ground mentioned.
Tho Treasury Department has now turn
ed the question over TO Mr.. OCOnnell
the solicitor Of the Treasury. When his
opinion IS obtained Secretary Gage will
| give the matter further consideration and
viii issue Instructions 70 collectors
throughout the country as 70 what steps
% take I'm these appointments.
Whatever the decision OF the Treasury
Department. the case will probably "a
1 into the courts and will be fought out
| The civil service commission presented
] arguments to the Attorney General
against the position OF Collector Brady
| and declaring that TO put the deputies
outside the protection OF the law would
( be severe blow az the law itself.