The times., 1899-08-01
THE DRYDEN-MoNrrLL CASE.
Secretary Gage Agrees With the Civil
Service. Gnu. -.ion

| Service Communication.
Secretary Gage yesterday reversed his
recent decision in the case Of the Balti-
NOSE customs house apDolntees. and order
ed that Dryden and Montel submit to the
competitive examination for except
ed positions" as prescribed by Rule 26 OF
the Civil Service Regulations.
1t is said that this change Of opinion
mas been caused by the Sscreiary's imper-
feet knowledge of the civil service rerula-
tions when the case was first called to his
attention; that Mr.. Gage did not quite
comprehend the significance OF the Balts
more case when it was presented to him by
Oohector Stone. that he thought the ap-
pointment Of Dryden and Montell was not
within the scope Of the non-eompetitive
examinations; that he rendered his first
Secision while laboring under a misappre-
nenslon OF the force Of regulations adopted
/ July -, 1897, and that as soon as he was
accurately Informed on all the facts OF the
case he immediately recognized his error
and promptly corrected IT,
/ The act Of July q, 1897, provides that ap-
pontments 10 certain positions excepted
| from the civil service classified exarnina-
tions shall be subject to an examination
/ TO be prescribed by the Secretary of the
treasury equivalent to the examination
held by the Commission for positions of
Ike grade" and that such examinations
snail be conducted by the Commission in
! accordance with its regulations"
1t VIII be seen that the time when this
examination shall be held Is not definitely
prescribed, and that the date may occur
aIter as well as before the appointment.
me civil Service Commission did not eriti-
else the appointments of Dryden and Mon
tell when they were made because tho
commission felt that under the latitude OF
the regulations. such examination could
take place some time later than the date
Oh the appointments. Indeed the Commits
sion so little wished to interfere with an
pointments to excepted positions that
~ recommended to the Secretary OF the
treasury that examinations for such posi-
tions be abolished. This Recommendation
however. was not adopted. and the old rule
Oh 1881 was incorporated in the Presidents
order OF May 30. 1893. The Commission
then took the position that fuasrnr,ch as the
regulation was on the books. il should he
consistently enforced. Accordingly. the
commission ordered that Dryden and Mon
tel submit to the examination prescribed
py law. The appointees refused to take
the examination, and were sustained In
thelr attitude by Collector Stone. who rep-
resented to the Secretary OF the Treasury
4
ed tneir ability since thsy had been in offics
and that 1t would. therefore, be uuneces-
sary and unjust TO compel them to take
tne non-competitive equivalent" examina-
tion.
1t IS said that Mr.. Gage, unfamiliar as
ne was with the act OF duly o. 1887. con
Cured In Collector Stones opinion. and
ordered, accordingly. that Dryden and
Monteii need not take the examination.
In the mean time the Civil Service Com
mission had been active in getting IN its
SIDE OF the case, and at the request of the
secretary OF the Treasury, yesterday sub
mitted brief of the facts and OF the law
governing the Baltimore appointments. Az
soon as Mr.. Gage examined the brief. IL is
said that he recognized at once his error.
and admitted that the attitude of.the Com
mission was correct
1t was remarked yesterday that the Bal
timore incident furnished a test case which
would be highly significant as precedent
In all future appointments to excepted
positions 1t was pointed out that Cullee
tor Stones view. if admitted to be correct
would practically result in placing all the
excepted positions" on a purely "spoiIs
mans basis. inasmueh as the question OF
an appointee's competency would rest
wholly in the hands OF the man who an
pointed him. For that reason alone it
seemed wise to the Commission to protest
in the Baltimore case.