The times. [volume] (Richmond, Va.) 1890-1903, 1897-10-05
HIS ACTION IS UPHELD
THE ATTORNEY GENtRAL sUsrAfSs
COL. BRdDf.
The opinion Awaiting the Presidents Ap4
proval-The Reasons Given-with
the Ex.Clerks.

1t seems that the fight for reinstatement
Is going against the ex-clerks OF the In
ternal revenue Office. Colonel Brady's ac-
ton in removing them being upheld By
the Attorney General and awaiting but
the view Of the case by the President
Colonel Grady stated that he bad ex-
pected the Attorney Generars considera-
ton Of the matter to result as 1t did, but
had nothing to add further:
THE OPINION.
The Washington Post says Of the At
tornty-General's opinion:
There is lying upon she table OF the
President an opinion, written by Assist
ant Attorney-General Boyd for the sig
nature OF Acknowledgement McKenna,
which sustains the collectors OF internal
revenue and the United States marshals
who have celebrated their accession 10
Office by a wholesale slaughter of the
DEPUTIES appointed by their predecessors.
The opinion is directed az the case OF
James ID. Brady, collector OF Internal
revenue for Virginia. who fred all the
deputies IN his office before the ink was
dry on his commission and appointed Re-
publicans I'm their places.
The fact that Mr.. Brady would be
sustained by the Attorncy-Generai must
have been communicated 10 other col
lectors. FOR many Of them, particularly
those in the South. have made haste 70
follow his example. In Maryland, Ken
lucky. and Tennessee the slaughter has
been frightfui within the last few days.
|. Notwithstanding the recent order OF the
President, and the intimate relations
which exist between him and several OF
the bloodthirsty collectors Justify the de-
duction that they knew what they were
about before they started the guilotine.
HIS REASONS.
$50 far as can be ascertaned the A.
torney-General in Col. Brady's case
holds that the tenure OF a deputy ooilec-
tor or deputy marshal runs With that
of his chief because it was by him that
the appointment was made. This rule
docs not apply, however to gsugers ana
storekcepcrs. because they are appointed
bv tho Commissioner OF Internal Rove
nue. under special provision OF law. and
their numbers and duties are specified In
the statutes. They also perform cleri-
cal duties, while the deputies are more
or less in numbers. according 20 the ne
cessities OF the case. Their compensa-
ton and their duties are not always fix
cd. but they are often dependent upon
fees and special emergencies. Some
times two deputies are sufficient in an
Office sometimes it Is necessary 10 have
Ten The Assistant Attorney-General
cites the decisions that have been rem
dered by several courts on the appeals
of discharged Ofiice-holders He takei
the ground that the civil service law did
not repeal any statutes previously en-
acted. and that no positions of an adj
ministrative character can he considered
permanent except where the tenure Is
fixed by law. III man is appointed 10
Office for term prescribed by statute,
there IS ground for a restraining order
to prevent his removal. but there is nell
Their law nor equity In the cases Of Off
GERS whose terms are not so fixed. Fur
thermore, the Attorney-General holds
that no official Of the government can be
compelled 10 do anything that is not eX-
pressly required OF him by the law. The
President. therefore. cannot prevent n
collector of internal revenue from re-
moving men from office He can discp-
line the collector by removing him, but
there his power ends"
HE KNEW IT.
Col. Brady stated that his reason for
the appointment OF his own men In the
revenue office had been thoroughly ex-
plotted: that his action I'm removing the
old employees was not done without coun-
sci and mature consideration.
The ex-employes are resting their
hopes with the President. and still ex-
press confidence in his friendliness TO
civil service.