Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-11-12
JUDGE JACKSON CRITICISED
Commissioner Forman Takes Exception to
His Decision.
The Court, He Says. Has Failed to
missal and Relief From Duty.

Commissioner Forman of the internal
revenue bureau talked to a Star reporte.
today about the effect Of the recent de-
cision Of Judge Jackson in the United
States circuit court in West Virginia on the
civil service law. Judge jackson held that
government gaugers and storekeepers cam
not be removed from their positions except
for causes other than political, in which
event the dismissal must be made under
the terms of the civil service act and rules
promulgated under it.
Commissioner Forman said:
I'm the case just decided by Judge Jack
son in the district of West Virginia the
court does not appear to have grasped the
distinction between dismissal from Office
and change In or relief from assignment
to duty. The former involves the action OF
Inc Secretary Of the Treasury, who alone
can dismiss a gauger q storekeeper or O
storekeeper and gauger. The latter in
wolves the prerogative of the commissioner
OIL internal revenue. to whom the statute
lntrusts the assignment of these officers.
Inc exercise of this prerogative is essen
tial 10 an efficfent and honest admiEistra-
ton OF the internal revenue laws. The
court would seem also to have failed to
give due weight to the obvious difference
between compensation by an annual salary
and compensation by fees for certain
things actually done. or per diem for DAVIS
actually employed.
THE civil service rule forbiddipg changes
in the rank or compensation of employees
in the classified service is intended, no
doubt, to apply to cases where the ac-
tlon taken effects permanent change
In one or both of these conditions. The
action which Judge Jackson seeks to pro-
hibit does not make a permanent change.
TO illl strate: The &C mpensation of gauges
is determined by fees based on the amount
of gauging done in any one month. L.
may be less than 81 per day, and 1t may
reach not exceeding s. per day. Store
Keepers and storekeeper gaugers are paid
per diem, dependent by law and regulations
upon the capacity of the oistillery and the
amount of SPIRITS in the warehouse to
which they are assigned. In the interest
of discipline ard good service it is often
necessary that these officers be trans
ferred froEa one place of assignment to
another. provided for by the statute.
If the contention of Judge Jackson is cor
rect it will no longer be possible for the
commissioner to transfer a distillery en-
ploye receiving 81 per day to distillery
which would give him a compensation of
only s. per day, or to transfer a gauger
from assignment involving fees at the
rate of s. per day to one carrying smaller
fees.
control of the commissioner may also eff
feet changes In the pay Of these officers.
The dfstiller nay reduce the capacity of
his distfllery, or the warehouse may be re-
or transfer thereby reducing the rate of
pay as graded by law and regulations. A
rumher of the distilleries in a district may
suspend operations. thereby making it nee
essary to relieve corresponding number
of men on duty in the district 1t can be
readily seen from this that no court can
establish uniformity of pay for any given
period for officers of the classes now UNI
der consideration
THE free and unbranded exercise by
the commissioner of internal revenue of
the authority conferred upon him by law
in the matter Of these assignments is alb
solutely essential to the proper transac-
ton of the business of the internal revenue
bureau. to good discipline and honest
methods and to the full collection of the
revenues If he is deprived of it and can
not make these changes in assignments
without the consent of the subordinate
officers affected it will be at the cost of
the best interests of the service and of the
efficiency, discipline and morale of the
force maintained by this bureau ever since
1t has been in existence"