The evening times., 1899-07-22
Mr.. TRACEWELL'S REPLY,
CONTINUED From First Page.)

kContlnued From FIRST faee.t
the Secretary OF the Civil Service League
of New York, promulgated by the Presi-
dent at the suggestion and on the advice
of the Civil Service Commission. II would,
therefore. be discussing a dead issue.
whose death is directly attributable
to the commission itself, to fur
fher discuss the question as TO whether
deputy marshals were originally legally
placed in the classified service. Its i'm
portance cannot rest in the amount which
the marshal was authorized by this de-
cision TO pay TO his deputy. II must there
fore necessarily rest in the following
statements contained therein:
The Executive order placing offices OF.
deputy marshals in the classified service
list is not a statute, nor has IL the force
OF law. II is a regulation made under
the law, and a proper subject OF enforce
ment by Executive authority.
The unlawful appointment to place or
office is quite different thing from the
disregard of rules and regulations made
to govern the selection or appointment to
place or Office by those who made those
rules and regulations and are chargeable
with their enforcement, and who may at
their pleasure disregard them
1t is sufficient for the purposes of your
question to hold, and do hold, that / will
ment by the head of a department or ap-
pointing power where no direct Law has
been violated, and attempt TO ascertain
whether such officer in making such ap-
pointment has disregarded some rule or
regulation OF the Civil Service Commission
some rule or regulation of his own re-
garding the classified service
1T is contended by President Proctor at
least, seriously, whatever may be our dif-
ference Of opinion as to how ably, that in
each OF the propositions announced ! am
in serious and mis)hievous error. He in
sists that the rules or regulations pro-
mulgated by the President placing an Office
or employment in the classified list of the
civil service necessarily have all the force
or effect Of law and for all practical pur-
poses are law; that when position is once
placed in the classified list by Executive
order. il at once becomes like the laws
of the Medes and Persians, irrevocable and
unalterable.
"A certain religious sect has for its dog
ma, Once in grace, always in grace. Mr..
Procter's dogma of today is, a position once
placed in the classified service, always in
the classified service. There is just as much
truth in one of these doctrines as in the
other-in my judgment. none in either.
In his letter requesting that i review
my decision upon this point he says:
Granting, now. merely for the sake
of argument, that this provision implied
ly authorizes the President also to direct
that position be removed from the clas-
sifeS service, and impliedly enjons the
head of department or Office to carry out
such direction of the President, neverthe-
less il will not be contended, il is assum-
ed, that under this proviso (section 2,
closing paragraph a position can be re-
moved from the classified service other
wise than in the same definite prescribed
manner, attended by the same degree of
formality and solemnity as is expressly
required TO bring the position into the
CLASSIFIED service.
IF On the 23d day of last month, Mr..
Precter would only grant for the sake OF
argument authority to the President of the
United States by Executive order TO re-
move from the classified service position
once placed therein, and then only, TO
quote again, when attended by the same
degree of formality and solemnity as is
expressly required TO bring the position
into the classified service i should like
to know when he experienced change of
heart and received new light.
ION June /, 1885, the Civil Service Com
mission addressed the President the fol-
lowing letter: The Commission has from
time TO time had its attention called TO the
many conflicts arising out of and touching
the power of appointments and removals
of deputy collectors OF internal revenue
pension examining surgeons, deputy United
States marshals, and other officials, which
positions the Commission has determined
TO recommend should be excluded or ex:
cepted from the classified service and the
rules OF the Commission
did Mr.. Proctor, a person who is sup
posed to have special knowledge of the
meaning and intent of the Civil Service
law, in June, 1898, recommend the Presi-
dent to do an unlawful act when he rec
commended that deputy marshals and GER
tain other places be excluded or excepted
from the classified service and the rules
of the Commission? The jewel of consist
ency is not one Of the many adornments
and accomplishments recently affected by
this gentleman.
IF the President possessed the authori-
ty on June j, 1898, TO exclude and excep
these places from the classified service, al
he was advised TO do. he certainly had The
same authority on May 29, 1899, the date o.
the order of exemption. Whether the au.
thority was exercised with that 'formalit,
and solemnity' in all events held TO bt
a prerequisite by the Commission, is {
matter about which ] need not now expires!
an opinion. sincerely trusting, however
that as occasion may require Mr.. Proctel
will experience other changes OF heart anC
see new light. Riding a single hobby tos
the rider. but pals on the spectator.
Il merely suggest, Mr.. Secretary. thai
MIR. Proctor, who is evidently mistaken as
to the authority conferred upon you by
the act of July 81, 1894, to direct me TO re-
view an advance decision made to a dis
bursting officer, and who had decidedly diff
ferent views as to the power of the Presi-
dent of the United States to exclude from
the classified service places which had
hitherto been placed therein, in June, 1899
from what he entertained in May, 1898
may be again mistaken; and that / may
not have been in either serious or vexa-
tious error when ] hold in the Grady mat
ter that rule or regulation Of the Presi-
dent, placing a certain Office in the clasi-
fed service, is not a law, and that in pass
ing upon the accounts of an officer appoint.
ed by the head of a department i would
not go behind the certificate of appoint.
ment by such head OF department and as.
sumo TO try the fact as to whether he hat
violated an executive rule or regulation il
making such appointment TO Office.
The Pendleton act, commonly known a.
the Civil Service law, by section there
of provides that the President shall hav
authority TO prepare and promulgate suit
able rules for carrying the act into effect
and that when said rules shall have beel
promulgated il shall be the duty of al
officers of the United States in all prope
ways TO aid in carrying them into effect
1T is not doubted by me that a rule pre-
scribed or direction given by the Presiden
placing any particular federal Office place
OF employment, or classes thereof, prop
erly subject TO classification in the classi
fed service or, in the exact language O
the law. in classes. is legitimate exer
else Of the anfhOrifv 10 /,