Evening star., 1897-05-17
UNDER AMUSEMENT
Three Propositions Of Importance to
the Civil Service.
GIVEN THOUGHT BY TEE PRESIDENT
His Power to Change Existing CIas-
sifications.
LAW ON THE JECT

The President has under consideration
three propositions of great Importance to
| the civil service of the government. These
propositions follow:
O The abolition of the rule allowing
| reinstatement of government employees
without examination only within one year
from the time Of their removal from the
service.
ca The exception from examination of
| all chiefs Of divisions. superintendent and
foremen, and all officials whose duties are
of an executive character.
GO The issuing of a general order re-
scinding all extensions of the classified
service made since President Harrison's
administration.
During the last six weeks these matters
nave been discussed with the President by
a large number of prominent republicans,
and during the last week the President has
given much attention to the law affecting
his power to act in the matter. Even the
friends of civil service reform acknowledge
that the President has power to annul the
one year limit rule. and to except from ex-
animation all officials whose duties are
OF an executive character. The most ar
dent of the civil service reformers, how
ever, declare that the President has not
power to rescind all extensions of the clas-
slf1ed service made during President Cleve-
lands second administration. They claim
that while the President has power to
except from examinati any place that
in his judgment should not be included In
such service. a sweeping order annulling
all extensions of the classified service
would be an illegal act. The Presidents
power to change existing classifications is
said to be embodied in the following sec
tlons of the civil service law:
The Law.
'FT'hat
the Postmaster General, and each of the
heads of departments mentioned in the
1oSth section of the Revised Statutes. and
each head of an office, shall, on the direc
ton OF the President, and for facilitating
the execution of this act respectively re-
wise any then existing classification or ar
rangement of those in their respective de-
partments and offices. and SHALL for the
purposes of the examination herein provid-
ed for, include in one or more of such
classes, so far as practicable, subordinate
places, clerks and officers in the public
service pertaining to their respective de-
partments not before classified for exami-
nation.
That after the expiration Of six months
from the passage of this act no officer or
clerk shall be appointed. and no person
shail be employed to enter or be promoted
III either of the said classes now existing
or that may be arranged hereunder pursu-
ant to said rules, until he has passed an
examination. or IS shown 20 be specially
exempted from such examination in con-
fornity herewith. But nothing herein con-
tanned shall be construed to take from
those honorably discharged from the mill
tary or naval service any preference con-
ferred by the 10Th section of the Revised
Statutes nor to take from the President
any authority not inconsistent with this
act conferred by the 1753d section of said
statutes: shall any officer not in the
executive branch of the government, or any
person merely employed a laborer OF
workman, be required to be classified. here
under; nor, unless by direction of the Sen
ate, shall any person who has been nomi-
mated for confirmation by the Senate be re-
quired to be classified or to pass an exami-
nation"
The Presidents Own Belief.
On the other hand, it is stated that the
President is satisfied, and has so expressed
himself to prominent republicans who have
discussed the matter with him, that he
has full power to annul any extension of
the service, or any order that has been
made by a President under authority of
the civil service law. The general propo-
sition is held by large number of lawyers
that Congress cannot by an act empower
a President to do anything upon his own
option without at the same time giving
him the power to undo 1t. 1t is held by
these lawyers that Congress always re-
tains power to annul or modify a law It
has made, and that when it gives the
President optional power to extend the
classified service. or to do anything else,
thority to annul or modify his acts as Con-
gress itself has in reference to laws en-
acted by 1t.
Those who oppose this view of the case
say that when the President once signs a
bill it becomes a law, but that is not re-
garded as a parallel case by others. for
the reason that. except when the limita-
ton of ten days after the passage of an
ot nil fha sis ofl1ra ic
not necessary to give legality to an act
of Congress. and that his act is solely for
the purpose of giving him power to nullify
a law.
The Attorney Generals Position.
1t is stated that the Attorney General.
while having given no written opinion on the
above propositions, has intimated to his
friends that he believes the President has
power to nullify the acts of his prede-
oesscrs in regard to extensions of the civil
service. Many eminent lawyers have ad-
vised the President that he has this power.
The pressure that has been brought upon
Mr. Mckinley to annul extensions of the
civil service made since President Harri-
son came into office has become extremely
great Republican after republican has
called upon him and pressed upon him
mis- power to take the action desired. and
has used every argument to persuade him
that he should not hesitate to do so.
Fear of Friends of Reform.
If the rule limiting the power Of the ad-
ministration to make reinstatementS with
out examinations to one year should be
abolished many civil service reformers
fear that it will injure civil service reform
to an enormous degree, because the large
number of republicans who have been in
office, and who are now out of the service,
would make 1t possible to turn out thou
sands of democrats, and. indeed, would
make it necessary to do SO in order to re-
instate republicans. They claim that the
difficulty that has been found in reinstat-
ing ex-Union soldiers would be emphasized
should an attempt be made to relnstate
ex-government employees in large numbers.
They say that many of these men have ar
rived at such an age as to make them unfit
for valuable service, and that the character
of the service would be greatly lowered by
their reinstatement 1t is said also that
while undoubtedly there have been cases
in which men have been dismissed from
the service by democratic administrations
merely because Of their political opinions,
many others have been removed because of
drunkenness, gross neglect of duty or in
efficiency, and in no department has any
thorough record been kept of the reasons
for removal. All of those dismissed, it Is
said, would claim that they lost their
places because of political reasons. and