The times., 1899-07-23
MR.. TRAcEwELL's REPLY.
The Comptroller of the Treasury
Answers Mr.. Proctor.


Comptroller of the Treasury R. ]. Trace
well has addressed a letter to the Sec
rotary of the Treasury in reply to a letter
from President John r. Proctor, of the
Civil Service Commission, in which it was
claimed his appointment of deputy United
States marshal was not made according to
the rules Of the Commission. Comptroller
Tracewell was asked TO review his find
ings in the advance decision rendered by
him to United States Marshal J. p Grady.
on April l, concerning the right of Marshal
Grady TO pay his chief Office deputy, Frank
S. Genung, the sum of s4.35 for expense of
serving a warrant. While Genung, who
was appointed by Grady, was not on the
civil service list, Comptroller Tracewell
held that Marshal Grady was authorized
to pay the account if it was in all other
particulars correct. 1t was this decision
which he was asked to review In reply TO
Mr. Proctor Comptroller Tracewen quotes
the following from the act of July 81,
1894:
Disbursng officers, or the head of any Execu-
tive Department, or other establishment not un-
der any of the executive Departments, may APP
ply for and the Comptroller of the Treasury shall
render his decision upon any question involving
4 payment TO be made by them under them,
which decision, when rendered. shall govern the
Auditor and the Comptroller of the Treasury in
passing upon the account containing said dis
br.sement
He added that the act had never been
construed in such a manner which would
direct a disbursing officer TO go to the
Comptroller for an advance decision con-
cerning his authority TO make q payment,
and when such decision was rendered. to
permit the officer to change his mind and
make invalid what he had authorized to
the loss of the paying officer. He thought
that the importance placed upon the de-
cision by Mr. Proctor was not relative to
the status Of deputy marshals, and that
whatever their status had been prior to
the first of last April, when the decision
sought TO be reviewed was rendered, that
status had been settled by the recent order
of modification made by the President of
the United States excepting these positions
therefrom. II would be discussing a dead
issue. he said. to further argue the ques-
tion as TO whether deputy marshals were
originally legally placed in the classified
service.
THE executive order" Mr. Tracewell
says, placing offices of deputy marshal
in the classified service list is not statute
nor has it the force of law. 1t is a regu-
lation made under the law, and a proper
subject OF enforcement by Executive au-
thority" He then spoke of the conflicts
which had arisen from the power of ap-
pointments and removals of deputy COL
lectors of internal revenue and similar
offices, and quoted portions of the civil
service law. He mentioned the decision
rendered by Judge Baker in Indiana in
which Judge Baker said:
It needs neither argument nor citation of
authority to demonstrate that neither the Presi-
dent nor the Civil Service Commission IS clothed
with legislative powers. Neither change the
Law. either by repeal or by making a en-
aciInent And il IS equally elementary that
| Co.lgrsss cannot delegate its legislative powers
either to the President or the Civil Service Com
/ mission. The rules promulgated which place of
] fce deputies in the marshals office in the CLASH
fed civil list not 4 statute nor have they
the force Of law. They are merely Executive
rules and regulations. promulgated by authority
OF law, and effective, if At all, only a rules
I and regulations for the internal control and
] government OF the Civil Service and TIE Execu-
/ tive departments The courts oi chancery have
no jurisdiction authority 10 enforce such rules
or regulations. Their enforcement lies within
the domain Of the executive departments, which
! posses ample power 10 enforce the proper ob-
! scrvancc Of and subordinaiiou to the rules and
! regulations promulgated by the Executive for
/ the government Of those employed in any eXecu-
live dopartmtE: OF the Government.
Comptroller Trscewell added shat he
thought Judge Baker right and DIR. Proc
ter wrcng. The proper course, he thought,
for Mr.. Proctor would be TO report to the
President violations Of the executive order
of the heads OF departments. but as yet.
he said, not one had been reported So
| far as he was concerned, concluded Mr..
| Traeewell, the incident was closed.