The San Francisco call., 1897-08-21
UNDER CIVIL SERVICE.
Decision Affecting Rights of Of
fee Deputy United States
Marshals.
They Cannot Be Removed Except for
Causes Other Than Politics or
Religion.

United States District Judge John Jay
Jackson Tor the District of West Virginia
has rendered an opinion which Will be
hailed with delight by office deputy mar
shaIs, inasmuch as it places them under
the operation of the civil service law. The
opinion was rendered in the matter of the
petition of Deputy United States Marshal
B. L. Prjddie for an injunction to restrain
United States Marshal John K. Thorn p
son from discharging him. The following &
are points from the Judges opinion:
Prior to the act of 1896 United States deputy
marshals were all the same footing, and
held their positions at the pleasure the
Marshal, unless removed by the District Court.
By the tenth section OF the act of 1896 there
WAS d provision made Tor new grade OF
deputy marshals to be known as Office depu-
ties, when in the opinion OF the Attorney
General the public service requires it, salaries
10 be fixed by the Attotney-Generl and to be
paid out of the treasury OF The United States.
Section IL OF the same act provides for the ap-
pointment of deputy marshaIs who shall be
known as field deputies, and unless sooner re-
moved by the Distinct Court, shall hold office
during The pleasure of the Marshal, and shall
receive as compensation for their services
three-quarJeis of their gross fees, including
mileage as provided by law.
By the terms OF section 10 of the act no liml-
tatlon Is imposed upon the tenure OF the posi-
tion of the office deputy, nor is there any pro-
VISION iOuHu III tHe ACT mat places the posi-
ton ut the pleasure of the Marsnal He is
paid directly from the treasury, but in the
case OF the field deputy the tenure of the
office Is a the pleasure OF the Marsha |, and he
is paid out of the gross fees of the Office.
The Judge says tha it Is apparent that Con-
gress utended 10 keep the office in the hands
of trained men, leaving the field deputies
alone subject to removal. Ii would seem that
Congress In tended that office deputies should
not be removed from their positions by a
Marshal who happened 10 entertain diferen
political opinions SO long as such deputy was
an efficient and faithful officer. There is no
provision in the act TO remove an office deputy
once installed in his position, not even for
cause.
1t does not appear that Mr.. Priddie ever
passed the civil service examination, but
being in office at the lime he was placed in
the classified service he was exempt from
su ch exam mat ton.
1t is obvious that Congress mas undertak ken
by the civil service act to restrain the excr-
Csc OF the power to remove by the appointing
power. 1t is evidently hoped TO improve the
service by limiting the power OF removal, leav-
ing an incun bent 10 retain the position held
until removed for cause other lhan political
or religious belief
al this was not the intention Of Congress
this civil service act is mere brulum fulmen,'
says the Judge, "and the attempt of Congress
to improve the civil service futile and abor-
tive / conclude that when Congress passed
the act Known as the civil service act il had
in view the improvement ana efficacy of the
public service and that this was its sole pur-
pOse.'