Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-04
COLLECTOR BRADYS ACTION
Comment on His Dropping Thirteen
Deputies.
Their Status Held to BE Similar
to That of Deputy MarshaIs-POsi-
tion Lnpses With a New Superior.

The action of Collector of Internal Rev.
enue Brady of the second Virginia dis
trct in disc ontinuing the services of thir-
teen deputies who held office under his pre-
decessor has occasioned consdera ble com
ment in official circles, and there mas been
a difference of opinion expressed as TO the
status of the displaced deputies under the
civil service law.
1t has been held by some that Collector
Brady had no right to discharge the sub
ordinates, the claim being made that their
tenure was a continuous one by the terms
of the civil service act, which were made
applicable by executive order.
1t is, however declared to be a mistake
to say that the deputy collectors were
discharged" from the service. Such a
classification it is said, is not borne out
by the law, nor is 1t approved by those
who have been called upon officially to
define the provisions of the statutes. The
men referred to, it is claimed, were not
''discharged' by Mr.. Brady, for the rea-
son that under the operation of the law
they went out of the service along with
the collector by whom they were appoint
ed, and that there is no provision to com
pei a collector to issue commissions to the
deputies of his predecessor
In support of this view, the law is quoted,
as follows:
Section 314S, r. S., provides that each
collector of internal revenue shall be
authorized to appoint his deputies by an
instrument of writing under his own hand;
that he shall have power to revoke the ap-
pointment of any such deputy; that he
shall have power to require and accept
bends or other securities from any deputy;
that each such deputy shall have like
authority in every respect to collect taxes
levied or assessed within the portion of the
District assigned to him which is by law
vested in the collector hithseH. but that
each collector shall, in every respect, be re-
sronsible. both to the United States and to
individuals, as the case may. be. for all
moneys collected, and for every act done
or neglected to be done. by any of his depu
ties while acting such. f'.a
Section 3143 provides that In case of a
vacancy occurring in the Office of collector,
the deputies Of such collector shall con-
tinue to act until his successor is APP
pointed.
The legal status of deputy collectors Of
internal revenue, as indicated by the stat
utes quoted, is held to be analogous to that
of deputy United States marshals, which
status has been recently defined in let
ter Of r. B. Bowler controller of the
treasury, in the of Deputy United
States Marshal John E. Foley, in the dis
trict of Indiana. Mr.. Foley continued to
perform the duties of deputy after the
United States marshal who appointed him
had been succeeded by Mr.. Kercheval, but
as there was no evidence that he had been
reappointed by the latter, and had executed
q new Odtn OF once as Such4 deputy, MS
pay was disallowed from the date when
the new marshal succeeded to the office.
Collector Brndy's Statement.
The Treasury Department today received
a report from Colonel Brady about his re-
cent action. Colonel Brady stated that he
had acted entirely within the law. He ap-
pointed one deputy each at Richmond, Pc
tersburg and Norfolk, in accordance with
the exceptions made by President McKin-
ley's recent order. He reappoihted two of
his predecessors deputies who were old
soldiers, and then called for the eligible list
from the secretary of the civil service COM
mission. Friday only two names were on
the list. and the law requiring three, he
proceeded, under the emergency clause of
the law. to temporarily appoint his other
deputies. He expressed his perfect willing
ness to appoint from the eligible list as
soon as one is furnished him. This will
probably be done today, and the tempo
rary appointments will be displaced by
men whose names are on the eligible list
1t is learned that other internal revenue
collectors in various parts of the country
have pursued the same course as did Col
onel Brady. These collectors also will be
furnished eligible lists from which to make
their permanent appointments as soon as
the lists can be prepared.