The times. [volume] (Richmond, Va.) 1890-1903, 1899-04-08
civil SERVICE
A REGULATION.
Comptroller TraceweI| Says That the
Law is Not a Law.
HASN0 POWER OF ENFORCEMENT
The Commission Can Only Assist the
President In Making Rules to APP
ply to the Law-Tbc President
Alone Can Enforce IL.


| or two ago that the civil service law is
| not law but a rule or regulation OF the
chief executive, has created a sensation
in official and political circles. II Is not
expected that President Mckinley viii
| take advantage of the ruling. but this
| does not lessen its Importance.
The controller OF the treasury Is the
| legal authority who decides finally the
| settlemont of dsburslng officers ac-
| counts. Upon his decision ali payments
! by the government are made
Ii will be remembered that Controller
| Bowler. under the Cleveland administra-
! ton, automatically refused TO sanction
| the payment of the sugar bounty claims
| They were not paid until the Supreme
Court decided that the law In dispute
was constitutional.
Controller Tracewel is BOwler's Re
publican successor: he has equal au-
| thoritty. The effect of his ruling may be
far reaching. IL Is In substance that an
executive officer can make an appoint
ment as the representative OF the Presi-
dent and that no one but the Presiden,
can call him toaccount for a violation
OF the civil service rules. The civil SER
vice rules are the rules OF the President.
Those made by Cleveland for instance,
can be observed or disrogarded by Nc
Kinley as the executive. as the executive
In his opinion may determine.
ATTORNEY GENERALS VIEW.
This interesting decision has come ont
of the fact that the Attorney General.
az already published I'm The Star. held
that the civil service rules did not apply
10 deputy marshals. He allowed his
United States marshals to appoint their
deputies and remove their Democratic
subordinates in disregard Of the claim
of the Democratic deputies that they
were protected by the civil service law.
The courts were appealed TO and in
functions granted. but the Department Of
Justice has pursued the even tenor Of its
way.
which the Star has published I'm full:
such alleged disregard of the law IS not
a violation of the civil service law itself.
| but Of an executive regulation by an
| agent Of the executive. who IS alone re-
| sponsible 10 the executive. The head OF
| an executive department Is simply an in
strument-the hand Of the chief eXecu-
tive The power which makes the rule or
| regulation can waive It's enforcement as
certainly as the power which appoints an
| officer can remove such officer AT its
pleasure unless prohibited by the law IL
| self
Under the civil service act President
| Cleveland extended his rules To nearly all
| the great executive departments Of the
| government. II has been assumed almost
without question. that the occupants Of
| these places are protected by law. Ac-
! cording TO Controller Tracewen, Presl-
| dent Mckinley is not bound py the rules
| of President Cleveland He can uphoid
| or ignore them. as he can uphold or ignore
/ those made by himself. The courts cam
not interfere ...,,
NO POWER OF ENFORCEMENT.
high authority I'm the Department OF
! Justice said to-day that mistake naI
heen made IN assuming that the ClNh
! Service commission has any mower 10
| enforce the Observance Of the civil service
lon II is declared to have no power eN-
cent 10 assist the President III Hahi"s
| miles TO apply 20 the civil service ia"'
In fact there Is no civil service Jaw
for q law implies that IT can be en-
| ed by the courts. This law eannD,
| onrorced nv any one but the FleSluen.
- r-nited states. Congress cannot
- a law which will restrict the power
80 tho President in regard to the mahn,I,
| - roalsjnq amendments. lie Is the ne"
- .ho executive branch Of the COVER"
-, and co-eoual with Congress anu
,bo judiciary. lie has fun discrel'o" -
Tho selection of those he wishes 10 ~
Il, .Therefore" continued TINS ~
Il rnrprppfinC Will ili0 ~ 49,
PRECEDENT cannot create oihceS, ""' " in
-, ~ While the Senate in some ~
III -, may refuse 10 confirm Ms az
i,,,,orts Congress cannot take NV
pom , W., discretion In making MS
selections. ,..orrere with
"Neither can the courts h'e' ','' 49,.
,t,a President In his enforcement vi -
,,ies ne has made in regard 10 'ie 49,
service While ;his definition ol
~. al
-, g. distinct I do not imagine lhdt
D.n.idan, Mckinley will take advantage
~ tho controllers decision or our con
r,ruc,ior IN break down the ciVil seiNi0e
.oe,,ations as they exist. II is Just a.
wau however. that the country shouiu
understand that It Is to the Fresluen.
alone wa must look for the enlorcci,'".
- a,ecutive regulations. The President
~, ma other authority can discipline tne
head of a department who ignores inc
oi,,, service rules The civil service COM
n,issioners can do nothing but call the
Presidents attention to their niolatio''
EFFECT OF THE DECISION.
"rhe Controller OF the Treasury holds
-,o,,+ an this legal authority in further eN-
n,ana.ion "tbat dishursng officers cannot
ir,ore tho claims Of officials properly GER
lei nv a deoartment. If United states
marehal certifes a list of deputies ana 'he
Department of Justice accepts mem as
III and thev are paid thor salaries ny
the decision Of the controller VINO i 10
interfere? Who can deprive officials prop
er;y certified OF their salaries or conect
the salaries for alleged deputies in once
undet a former marshal. without any
vested right in the position. An assuInI-
ito, d'sruts-y this construction would be
lega, nonsense"
While the controllers decision VIII have
no striking or immediate effect on me
general attitude of the Mckinley admin
,stra,ion toward civil service reform II
probably will furnish a strong handle II
these members Of Congress like General
Grosvenor who have been WORKING