Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1897-11-23
JUDGE JacIlson's DECISION.
senator Fanlknsr .aas .eoun.el for

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Judge JacElson's Decision.
! Senator Faulknsr was counsel for the
e,npl,yes OF the intefl,si revenue collector
in West Virginia. Who applied for aud
cured an isjaaes3la 10 R-eves.t he col
lector from removing them, and in pre-
ssnting his case b saised as many ques-
tons As possible: Ssder that The deci-
sion might be made 10 cover nearly all
p 1ints at issue If the case is taken to
the Supreme Court. as it may be, Senator
Faulkner will make the argument for the
employees before that body.
The civil service commissioners are well
pleased with the decision, because it sus-
tains their contention 10 the various con-
troversies they have had with the heads
of the different departments. A copy of
The decision has been forwarded to the
commissioners, and they will use it as
basis for further protests against removals
from office without cause. Tt is haid that
until a higher conrt has ruled upon the
matter, the Attorney General is not now
likely to decide against the civil service
commissioners in the opinion he has been
asked to render regarding the removals
of deputy collectors of internal revenue
in Maryland and Virginia.
The right of the collector to remove and
appoint deputies was not touched upon
by Judge Jackson. The employees who
appealed to the court were guagers aud
storekeepers, appointed by the Secretary
of the Treasury, aud, therefore, not exact
" in the same class the deputy col
lectors. The civil service commission
ers. however, hold that there il really no
difference in the cases, in as much as the
deputies. while appointed by the collec-
tor, derive their authority direct from the
Secretary of the Treasury, who approves
their appointments As result of the
legal proceedings in West Virginia no
removals of subordinates have been made
by the newly appointed federal official in
that State.
From the Washington Post of Novem-
Der II we copy the following upon this
subject
j
lawyer and Republican leader of West
Virginia, was seen at the National last
night, and being asked what he thought
of Judge Jaekson's opinion on the civil
service law, delivered at Martinsburg on
Monday last, said;
IL regard it as the clearest exposition
of the law that has emanated from any
Judge in the United States. In fact, it
is the first opinion of the kind to my
knowledge on the civil service act. which
has been prepared with such care and so
free from bias and partisanship. Every
proposition which he announced was
supported by the opinion of the ablest
men of the country and by the highest
legal authority in the land.
People who heard the opinion deliv-
cred admitted that it was fair, unbiased.
and learned, although they were bitterly
opposed to every feature of the law. The
injunction was made perpetual and keeps
in Office the storekeepers and gaugers at
the celebrated Huntsville distIllery at
Martinsburg, who were appointed under
the Democratic administration, until
Judge Jackson is reversed by higher
court, or the President modifies the civil
service order of July of the present year
"a great many people in West Vir-
ginia are Interested in the result of this
complication 1t is needless TO say that
the situation is far from being relished by
those who want positions, but the pro
tected Democrats are in high feather over
their good fortune in holding on to their
places. Washington Post, Nov. II.