Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-06-10

BY A LEGAL TECHNiCALITH.
There seems to be considerable con-
fusion in the minds OF many peo-
pie in regard to the suits brought
by Democratic gaugers and storekeep-
ers against Internal Revenue Collector
A. B. White to prevent that official from
removing them from their offices un-
der the rules of the civil service. Judge
Jackson, of the United States Court,
decided the cases against the Collec-
tor, but the Supreme Court has set
aside that decision.
There is no question as to the moral
justice of Judge Jackson's decision, for
Collector Whites act was as plainly
and Intentionally in violation of the
civil service rules as could be, but the
Collector saved himself in the Supreme
Court by the baldest technically, which,
nevertheless, was one which the Court
could not well overlook without estab-
fishing a precedent that might result in
COlluoIOl III TIC IL VI lAAlo
bureau The technical point behind
which the Collector took refuge in do
ing his partisan work was shrewdly
conceived He did not openly discharge
the Democratic gaugers and storekeep-
ers Oh, no. He simply transferred
them from the positions they held
n;,e 4 he, IN tboc J,,tx
1t was as clean a removal from office as
could be and yet was not technically
such.
Judge Jackson held that the civil SER
vice act was valid, that no appointee
under its provisions could be removed
without charges and a trial and that
"the attempt to change the rank and
positions of the officers was a violation
of law" He also held that a court
of equity had jurisdiction to restrain
the appointing power from removing
officers if such removals were in VIOLA
tion CT law.
All that the United States Supreme
Court decided was that if a change Of
assignment of a gauger from a dis
tillery actually would work his removal
from Office a court of equity could not
interfere to prevent the change: that
there could be no interference with the
executive department in assigning en-
ployes to their duties Justice Harlan.
who delivered the decision, said: a
court Of equity ought not to assume to
control the discretion which the execu-
tive department has III all such mat
tiers. Interference by the judicial de-
partment would lead to the utmost con-
fusion in the management of executive
affairs"
This related to mere assignments to
duty But the United States Supreme
Court goes a little further. It SAYS that
even if the transfer from a position ef-
fected removal from office the remedy
was not by injunctional proceedings
In court of equity What the remedy
n the court does not say. So there is
another judicial question left open
which the court might have settled by
going a single step forward in its de-
cison.
Meanwhile, it will be we'll to keen this
decision in mind and when the Demo-
Gratis have their inning. as they surely
will after the next Presidential election
they can use the precedent thus estab-
lished and endorsed by the highest Judi
cial authority to Gust Republicans from
office and put deserving Democrats in
their places. It's poor civil service
rule that won't work both WAYS
Judge" is in the hands of a receiver
Is also are the other publications owned
by Mr.. w. ]. Arkell, namely. 'I.eslie's'
and 'Demorest's" The liabilities o.
,hese concerns is placed at s1.525 .o0C
Ind assets at s913,SS0. Mr.. Arkell i,
lutte figure in Republican politics anf
IN 1896 offered to bet Editor Clarl
Howell Leslie's Weekly against tn,
Atlanta Constitution on Mckinley
section. The unbounded prosperity
however, which Judge pictured in il
humorous pages as sure TO follow Nc
kinley's election doesn't seem to hav
struck its proprietor very hard.
VOTING IN THE ARMY.
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