Evening star., 1898-12-21
CIVIL SERVICE ISSUE
The Commission, Attorney General Griggs
and Con troller Tracewell Involved,
The appointment of Deputy Marshais
Without ExamfHatiOn-The Audit
ing Of Such Accounts.

considerable issue has been raised by
the civil service commission as to the right
of Controller Tracewell of the treasury to
refuse to audit the accounts of men ap-
pointed to positions lin contravention'' of
the civil service laws, and the matter has
gone so far as to involve Attorney General
Griggs, he believing that the commission
is seeking to place him in an unenvia BILE
position. Exactly what shape the matter
will take is not known.
Following a ruling of Judge Baker of
indianapolis, that the terms of office of
deputy marshals expire with the term of
their principal, the Department of Justice
has permitted the appointment, without
examination or certiticaton," of deputy
mar 'hals, deputy collectors and clerks Sew
eral hundred of these appointments have
beer made in different states.
In October the civil service commission
called the attention of the auditor for the
State and other departments to the mat
ter, saying:
Under date of July %, 1896, the control
Ter or the treasury decided that the ac-
counting officers of the government would
treat all appointments to offices or posi-
uCns made by the heads of the various de-
partments or others as in accordance with
the civil service law and regulations in the
absence of specific informa ton to the con-
trary, and allow credit for CONDENSATION
paid to such persons.
IN view of this decision the commission
invites attention to the inclosed list of
names of persons appointed to or employed
in classified nOn-eXcepted places in the civ
ii service under the Department of Justice
in contraVention of sections 2 and I of the
civil service act and of the rules drawn in
pursuance of the eXpresse provisions of
that act. These names and the informal ton
ACCOMMODATING he n
reports of changes in the service of the De-
partment of Justice.
The auditor did not care to decide the
matter, and it was referred by the civil
service commission to Controller Trace
well, The list furnished by the commits
sion showed that forty-seven clerks in
offices of United States district attorneys
were so appointed; nine clerks in offices
of United States marshals. 29S United
States office deputy marshals, four ste
nographers in offices of United States mar
shals. five guards i'll the United States
penitentiary at Fort L4eavenworth Kan;
tce. one chaplain in the United States
penitentiary at Fort LeaVenworth, Kan.
In his reply to the commission Mr.. Trace
we'll concluded, after a lengthy discussion
of the question:
ANY decision l might attempt to make
in answer to your communication would be
of an academic rather than of judicial
nature. 1t would neither conclude the au-
ernment, nor the controller himself, be-
cause of my entire want of Jurisdiction to
render any decision whatever. If the ques-
tion is presented in a way to give me juris-
diction / shall while realizing the impor-
tance of the decision, determine in the case
so presented according to the light I then
shall have, remembering that have no quo
warrantO jurisdiction to determine the con-
ficting titles to an office.
Il deem it imprudent if not improper at
this time and under the facts of your let
ter, to express any opinion upon the ques-
ton | assume you desire an expression of
opinion upon"
tnsatisfactOry to the 0ommi sion.
The controllers letter is so unsa tisfactory
to the commission that they have address
ed letter to the controller saying it is
hoped you may of your own motion refuse
credit in cases at least occurring within a
year.
sentence in the letter says: "A state of
anarchy in these appointments obtains at
present, involving the honor of the admin
istration Of the civil service act"
Attorney General Griggs considers this
language a reflection upon him and his de-
partment and privately denounces it as an
interference with his office.
Mr.. Tracewel has not yet answered the
last letter of the commission, and has not
cd w hat y.rin a.