New-York tribune., 1899-07-16
SECRETARY CAGES DENIAL
HE REPLIES TO THE ATTACK OF The
CIVIL. SERVICE REFORM LEAGUE.
DECLARES THAT CHANGES IN THE FORCE of
CLERKS WERE MADE IN ACCORDANCE
WITH LAW, AND NOT FOR
POLITICAL. REASONS.

Intended rather Tor the press t"aH '"'
The Secretary Of the Treasury says; Il shall
consider only few of the allegations. ana il
these are shown to be not founded in truth
shall leave the public to judge of the reliability
Of his statements as TO the rest" He says:
Following the incoming Of the new Admins
tration however. there were sweeping changes
in the force Of agents and clerks known com
mcny deputy collectors In many districts.
The appointments were MADE generaily III
open disregard of the Civil Service law, and In
most cases for political reasons.
MISLEADING AND UNTRUE.
This statement is misleading, and therefore
untrue. Not clerk. not an agent in the SER
vice Of the Internal Revenue Bureau has been
removed for political reasons. Very few remov,
ais of any kind have in fact been made. and
when made they have been in strict conformity
with the Presidents order Of July =, 1897,
which requires. antecedent to removal. the nlnR
OF charges and the opportunity for defence. 1t
may be doubted. however II your secretary in
tended 10 refer 10 clerks and agents in the Ian
guage he used. He speaks of agents and clerks
known commonly deputy collectors There
are no such clerks and agents. There are clerks.
agents and deputy collectors but they are as
distinctly separated are the Treasurer of the
United States. his bookkeepers and his money
counters.
Secretary Gage says that if the remarks Of
the secretary of the league intended TO
apply to deputy collectors Of internal revenue.
he knew when writing that there had long been
a contention to the legal rights Of collectors
TO appoint their deputies. Some collectors have
asserted the authority given to them by Section
314S Of the Revised Statutes, and have dis
missed the deputies of their predecessors and
appointed men of their own choice. Appeals
have been taken to the courts with the result
indicated In a decision of Judge Fitzpatrick OF
the United States Circuit Court. District OF
New-Jersey, who denied a motion to restrain a
frOYn
deputy collectors, and held that the power of re-
moval rests with the appointing power the COL
lector subject to such requirements as TO notice
as the Commissioner Of Internal Revenue may
prescribe and cannot be reviewed by an appeal
to the courts.
A RESTRAINING INFLUENCE.
Secretary Gage continues:
With all the assertions Of right and power
made by the collectors 10 appoint their own
deputies claim which has been put In practice
in certain cases, ii still remains true that tne
restraining influence of the Treasury Depart
ment has been such that out of total OF 900
such appointees 1J2 deputy collectors were ap-
pointed. and on May ~ last held their positions
under the provisions of the Civil Service law
and rules. which he (the secretary OF the
league) charges the Treasury Department with
"entirely" disregarding The 2ll not thus ac-
counted for include those temporary appoint
ments made with the consent Of the Civil Ser
vice Commission. in cases where they were un-
able to furnish elgibeS The remainder ma!
be said TO be those appointments which are
alleged to have been made in contravention OF
the Civil Service law. But they were made in
view Of Section BIAS, Revised Statutes, an au-
thority invoked by collectors for their inde-
pendent action in the premises. and. as he
must we'll know. in some instances sustained by
the courts. bly, the case before cited.
In regard to a statement OF the secretary OF
the league that "snce the opening Of the war
with Spain the number OF appointments in the
oftico Of he Tre
through competition under the Civil Service
rules has been insignificant" Secretary Gage
says:
Suppose that only fourteen clerks have been
drawn from the Commissions eligible lists; as
the secretary Of the Civil Service Reform
League he must know that there are englples
under the Civil Service law other than those
whose names stand on the eligible lists OF the
Civil Service Commission. How many soldiers
e 1ble for reinstatement have been restored as
O.Jortunity offered? How many transfers.
under the law. have been made from other de-
partments to the benefit OF the service. affording
some promotion 10 deserving and experienced
clerks Just as eligible TO appointment by trans
fer as any of the candidates whose names are
on the waiting lists of the Commission? IT is
not worth the time to look up the data, OC TINS
I assert that every appointment to the classif1ed
service in the Treasury Department has been
made either by taking 'eligtbies' from the Com
missions lists by renstatng 'egibles or by
tie transfer of "eligibes in one or these three
ways and none other
APPOINTMENT OF TEMPORARY CLERKS.
He confuses this question with quite another
question: e.. the appointment OF temporary
clerks made necessary BY the late war. These
appointments have absolutely nothing TO DO
with the question Of whether or not this De-
partment has violated the Civil Service law,
and | fail TO understand his motive in review
ing them except il be that he Is put to extremes
TO obscure former misrepresentation which
were made with precipitancy.
Let me say that when the act or March 0l.
1898 was passed. providing for sxty-fve addi-
tional clerks in this Department II contained
no specific provisions as to how the appoint
ments should be made. From that date 10 July
T. 1898 every appointment TO the class indl-
Gated was mace in strict accord with the Civii
Service law. On July I. 1898. however Con-
eress provided that these employees should be
appointed without compliance with the condi-
tions prescribed by the Civil Service act Even
after that law was passed this Department con-
strued its provisions to mean that the appoint,
ing power could go where II wished for cierlcal
material. barring, of course, the commission
list Instead of resOrtng TO the country at
large for this entire temporary force. / con-
ceived Il 10 be my privilege. under the law. "a
transfer from the regular Department service
a number of experienced and valuable clerks.
They had come into the Treasury Department
In strict accord with the Civil Service law, and
when they transferred to the temporary
roll they left vacancies which could only be
Allied in accordance with the Civil Service law.
Can he find anything in this action inimical
70 the spirit of the Civil Service act? Let me
state for his better Information tha' ths con.
struction OF mine did not accord with that
which Congress placed upon the act. for, by the
legislative appropriation BILL approved Febru,
ary o. 1899 the legislative authority decreec
that places upon the temporary roll which haC
been filed by transfers from the regular de-
partment service should be vacated on or be-
fore the first day Of July, this year
THE LEAGUES ATTITUDE.
Secretary Gage seys that he believes in the
,,,o ub,ch the Civil Service Reform
Ioooue ,s intended TO foster and protect. and
.bet he keenly regrets that instead of receiv
. inc evmpathefic encouragement from that body
.I-..a ari.icisnn is accorded Continu