The times., 1898-01-28
POWER OF THE PRESIDENT
Can He Exclude a Department From
the Civil Service Law?
The House Committee Believes a
Court Would Have to Decide
the Intricate Question.

Quite discussion arose over the
power of the President to exclude from
the civil service law those depart
ments which had once been placed un-
der the rules at yesterday s. hearing OF
the House Committee on Reform in the
Civil Service. 1t was generally held
that the President could except GER
tain offices or positions from compeu-
tive examinations, but he did not have
the power to exclude an entire depart
ment or branch Of the service already
in. Ii was conceded to be a question
for the courts to settle.
When the Committee convened the
Evans bill was taken up and evidence
submitted both for and against ii.
In the morning session Mr. j. W.
Ella. Chicago lawyer, gave
testimony to the effect that this
bin would be a practical return To the
spoils system. as il gives the appoint
ing officer power TO fill the offices with
either Democrats or Republicans as he
chose. Mr.. Ella thought that "a clerk
should not be displaced just at the ze-
NTH of his usefulness. He cited the IL
linois civil service law as an improve
ment on the present system. That law
provides that removals can be made
for incompetency, at the discretion of
the heads Of departments.
Mr.. Ella gave as his ideal for a sys-
TEN of public service the coupling OF
the present law with a provision that
anyone would be allowed to file charges
of incompetency against any clerk, and
if these charges were sustained before
a board. To be selected, composed of
impartial judges, the clerk was to be
removed He thought this system OF
espionage would guarantee good work
for the Government, and would also
provide for the removal of an en-
pioye the moment he became incapaci-
tated or neglectful. He was OF the
opinion that when clerks had served
the Government faithfully for the best
part of their lives. that they should,
on becoming incapacitated by age, be
turned out of office and pensioned by
the Government. This would be bet
ter than allowing them TO render in
efficient work. because they had once
been good employees.
Representative Evans. who introduc
ed the b II. was then called. He declared
that he had no objection to the civil
service law so far as Congress intend
ed il should operate. He believed that
President Arthur had put il into oper-
alton to the full extent intended, and
he limited il to clerks.
Mr.. Evans stated that it was the in
tention OF his bin to restore as far as
possible the conditions prevailing un-
der President Arthur's Interpretation
OF it; which would, he thought render
the civil service less odious to the pub
lie. and also produce better results to
the Government
Mr. Evans said that il is the gen
eral impression in the public mind that
Law vnfl'S- lc,s = l1a
classified service after he had filled the
Offices with Democrats, was granting
q life tenure. The adoption of a law
that would limit the term Of Office TO
FIVE years would. he thought be a
benefit in many ways. 1t would pre-
vent clerks from becoming good for
nothing. He stated that it was Sener-
ally known that clerks after being in
4 department for few years became
absolutely good for nothing elsewhere.
Mr.. Paul F. Wood. of Philadelphia,
secretary OF the Civil Service Reform
Association Of Pennsylvania. testified
that lie was one of those who helped
frame the first civil service law. and ii
was his idea that the law was origi-
nally intended to include every branch
Of the service now included. That the
growth was intended to be gradual, as
ii has been. The main object of the
act he said, lis to improve the politi-
cal condition of the country. and since
its adoption every President has taken
steps 10 carry ont this plan"
Mr. Wood admitted that the effect
Of the law was to make life tenure of
office
Mr.. Wood thought that it would be
better for the legislative department to
give the executive department fun lati-
tude and leave it for them TO exer-
else their discretion.
1t was brought out by questions by
Mr.. Brosius that if the Evans bill be-
came a law. allowing the appointing
officer the power to reappoint at the
expiration of the term of five years
that il would result in great scranl-
BILE for political influence to be brought
to bear on the heads of departments
for such reappointment, which would
establish again to great extent the
old spoils system.
Charles j. Bonaparte, of Baltimore,
vice president and ex-pIesident of the
Maryland Civil Service Reform League.
was then requested to testify. Mr..
Roneparte took up the remarks of MI.
Evans, who had testified at the morn
ing session in favor OF his bill.
MIR. Evans stated" he said, that
the original law was not intended 10
Include those below or above the grade
of clerk. and that would exclude en-
ployes receiving less than $500 a year
In answer to this l would say that 10
throw these lower grades of positions
out of the present classification to be
filled by appointment for political rea-
sons it would be most disastrous"
The question as to the advisability
of classifying the deputy internal reve-
nue. collectors was submitted to Mr.
Bonaparte. He favored keeping these
deputies under the civil service rules
The committee will meet again on
Tuesday.
Worse Than Weyler.