The times., 1898-02-06
A VIOLATION OF THE RULES
MIR. Bailey'S Charges Against the
Civil Service Commission.
NO EXAMINATION REQUIRED
he Says T;lat a Large Number OF
AnDoin. nents Were Made in the
Last Two Years Contrary to tile
Iaw-M" Proctor Forced to An.
swer Hi, Question.

Decidedly the most interesting reve-
lations yet made before the Senate
Committee on Civil Service and Re-
trenchment were those of yesterday.
Mr. L. ID. Bailey, the chief clerk of
the Civil Service Commission, again ap-
peared before the committee. He said
that he had been placed in position
which. in justice to himself, required
further statement from him.
Mr.. Bailey began by saying that
for the last two years there had been
certain things in the work Of the Com
mission which troubled him, and caus-
ed him to think that the rules We're
not being enforced as well as they
ought to be, and some practices which
are detrimental 10 the public service
and would work permanent injuries to
the merit SYSTEM are being INDUCED
In.
About a year ago." said he. II was
SO much impressed with this fact that
/ felt il to be my duty to communi-
cate with Mr.. Theodore Roosevelt, on
the subject. / wrote to him conf
Dental letter, and enclosed with it a
memorandum. Recently Mr.. Proctor
made statement of that fact, which
led to the introduction of that memoir
andum as evidence before this commit
tee This was followed by what / re-
garded as q personal attack on my
self by AIr. Proctor, and this Roosevelt
memorandum and a paper by Mr.. Proc
ter were made part of the evidence
before the committee, and also printed
in the daily papers.
These things placed me in a posi-
ton in which / must either substanti-
ate or retract the statements made in
that memorandum. | cannot retract
them, because / believe them to be
true. 1 am therefore, forced to sub
Stantiate them.
Mr.. Bailey then said that he had been
requested by the commission not to re-
fer to the records of the commission in
ascertaining facts in preparing any
statement to be made to the committee.
Mr.. Proctor wanted to know who
made such request.
1T was communicated to me first
said Mr.. Bailey, by Mr.. Serven, and
afterwards by Mr. Proctor himself
This was on Friday of last week. Mr..
Proctor reminded me that there was
loyalty or subservience recognized in
all departments, and informed me also
that my situation depended on the
course which / should pursue"
Mr. Bailey then went on to cite cases
in which the rule in regard to rein
statements had been violated grossly
in several cases. He then took the
transfer rule, and cited several cases,
giving names and dates of the occas-
ions when that rule had been evaded
in order to reach certain ends desired
by the different appointing officers.
In regard to promotions, he showed
by several citations of cases that the
rule had been bent badly by the COM
mission in order to reach certain ends.
The use of the emergency rule is
such as to deprive the average appli-
cant of his legitimate rights" said Mr.
Bailey.
Mr.. Bailey resumed his testimony at
the afternoon session. He first took up
the subject of appointment without eX-
animation.
Il am ready to confess that in many
Of the things 1 have already said that
I might be regarded as a strict con-
structionist. But / think that the read
ing of the rules will convince any one
that these rules were to be observed
absolutely"
Mr.. Bailey stated that there had been
large number of appointments with
out examination during the last two
years. which was contrary to the meth
cd prior to that time, when no appoint
ment was made without an examina-
ton unless ii was to a place having
been excepted by the President. He
cited the case of A. u. Davis, inspector
OF dredging, whose appointment was
made permanent. There were also fif-
teen steel inspectors appointed without
a competitive examination by the COM
mission.
Il have not attempted to make a
statement of the number of such ap-
pointmentS," continued Mr. Bailey. Il
know that there is a large number of
them. 1t seems to me that such viola
tion of the rules would open the way
for any irTegularity that might be de-
sired"
Mr.. Bailey was Of the opinion that
the large extension of the classified ser
vice would furnish several years work
before the examinations and proper ELI
gible lists could be secured. The exten-
sion of May g. 1896. resulted in provid-
ing more new examinations than was
previously in the classified service.
The commission was utterly unable
10 take up this added volume of busi-
ness said Mr.. Bailey. 1T was simply
a physical impossibility to do so.''
He quoted from the minutes of the
commission. showing that the first eligi--
ble list that was prepared to fill a
branch Of the new classification was
six months after the classification.
Taking up the memorandum sent Mr..
Roosevelt. Mr.. Bailey read extracts
from the minutes of the commission
substantiating the statements made by
him in it.
In conclusion" said Mr.. Bailey, ST
have covered four points in this and
my previous testimony:
First. that the extensions of May
g. 1896 without the provision to make
them gradually operative, was a mis- $
take.
Second. that the administration OF
the commission during the past two
Years has involved many of the rules
and has resulted in gradually weaken
ins their force.
Third. that the law itself. in my