Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-07-15
Appointment of Deputies.

How about this? He says:
THE new appointments were made gener-
ally in open disregard of the civil service
law
He knew when writing this that there is
and has long been a contention as to the
legal right of collectors to appoint their
deputies. He was aware of section 314S
Revised Statutes, that reads:
Each collector shall be authorized to ap-
point by an instrument in writing under his
hand. as many. deputies as he may think
proper to be by him compensated for their
services and to revoke any such appoint
ment, giving such notice thereof as the
commissioner of internal revenue may pre-
scribe
He was aware also I have every reason
to believe. that some of the collectors have
asserted this authority. They have dis
missed the deputies of their predecessors in
office, and have appointed men of their own
choice. Appeals have been taken to the
courts. with the result indicated in the de
States circuit court, district of New'Jersey,
in the case of r, Harry Page, ct al agt.
Isaac Moffett.
The circuit Judge denied the motion to
restrain the collector of internal revenue
from removing deputy collectors, and held
that deputy collectors of internal revenue
are appointed under section 314s, Revised
Statutes, and that the power of removal
rests with the appointing power, the col
lector, subject to such requirements as to
notice as the commissioner of internal rev
enuc may prescribe, anu cdllnOl De IeNltW-
ed by appeal to the courts.
Reason for Exemption.
He knew that it was to settle this mooted
| question, operating, it was, to embar-
rass the workings of bureau collecting
| annually more than two hundred and sew
| enty millions of dollars, that the Presi-
dents order of May 90, excepting them
| from competitive examination, was issued.
| He had excellent opportunity for knowing
! that the civil service commission recon-
| mended this very exemption, but yet failed
! to show the fact. In a letter dated June l.,
! 1898, the civil service commission address,
| ed the President on the question of the re-
| vision of the civil service rules, follows:
| THE commission has from time to time
| had its attention called to the many con-
| hicts arising out of and touching the power
! of appointments and removals of deputy
! collectors of internal revenue, pension eX-
| amning surgeons, deputy United States
| marshals, and other officials, which posi-
| tions the commission has determined to rec
| ommend should be excluded excepted
| from the classified service and the rules OF
| the commission.
| He alleges that for twenty months prior
| to the Presidents order the force (of depu-
| ties) was treated though actually outside
| the classified service How this be
| true if that be true which he himself states
| namely:
After number of these violations were
brought to the attention of the Treasury
| to collectors, bidding them comply with the
law, but without apparent effect"
| The Attitude of the Treasury.
The records of the department refute
him, however, in his general statement
| With all the assertions of right and power
made by the collectors to appoint their own
deputies, claim which has been put in
| practice in certain cases. 1t still remains
true that the restraining influence of the
| Treasury Department has been such that
| out of a total of G63 such appointments
| 152 deputy collectors were appointed, and
on May 20. last, held their positions under
the provisions of the civil service law and
rules, which he charges the Treasury De
partment with entirely disregarding.
| The 211 not thus accounted for include
| those temporary appointments made will
! the consent of the civil service commission
| in cases where they unable to fur
nish eigibles Yhe remainder may be salt
| to be those appointments which are alleged
| to have been made in contraVention of TIL
view of section 314S, Revised Statutes al
| authority invoked by collectors for their in
dependent action in the premises, and a
, he must well know, in some instances sus
tanned by the courts, notably the case be
fore cited.
In quite a different connection he says:
''Since the opening of the war with Spa
the number of appointments in the Wash
I | through competition under the civil ser
vice rules has been insignificant
Methods of Appointing.
What is his purpose in making this state
: ment, even IL 1t be true2 Is it to insinuat
that vacancies have been filled or ney
I | clerks appointed contrary to law? Suppos
| that only fourteen clerks have been draw
from the connission,s eligible lists. As th
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