The times., 1899-04-05
THE APPOINTING POWER.
Comptroller Trncewen Says Heads
of Departments Have the Right.

The following decision, which sustains
the validity of appointments made by the
heads Of departments, whether in accord
with or in violation OF the civil service
rules. was rendered yesterday by the
Comptroller OF the Treasury. The decision
was in response TO an enquiry from United
States Marshal J. P. Grady. of Indian Ter
ritory. who asked II he could pay the ac-
count Of field deputy marshal whose ap-
pointment did not come through the civil
service. although such Offices were in the
classified list.
After discussing the particular case in
question. the Comptroller states his opin-
ion on the principle involved, as follows:
This violation, or disregard. as before
said, is not OF the law. but of an executive
regulation, and by the agent of the Exec
utive, who is alone responsible to the Ex-
ecutive for such action. The head of an
executive department is simply an instru-
ment the hand OF the Chief Executive
The power which makes the rule or regula-
tion can waive It's enforcement as certain
ly as the power which appoints an officer
can remove such officer al its pleasure, IN
less prohibited by the law itself.
1T seems TO me that my duty in the
premises is plain and that / will not err
II hold that so long as the President rec
ogniZes the act OF his agent he alone has
the power TO discipline and enforce; that
/ shall make no mistake IL treat as valid
appointments TO place or office those GER
tified 10 such appointments or place by
those having the appointing power II is
not TO be understood that il Is to be held
that the mere certifcation OF appointment
TO place or office by the head OF a depart
meni or other appointing power is suffi-
cient evidence upon which the salary or
other pay of such officer or person is to
be paid.
II the head OF a department, or even
the President. should attempt to appoint a
person to an office or place not provided
for by law. or whose salary or compensa-
tion is not fixed by law. the accounting Of
hcers OF the Treasury would not be justi-
hed In allowing TO such pretended officer
bis salary as such, or other emoluments OF
office.
The unlawful appointment to place or
ONCE is quite different thing from the
disregard OF rules and regulations made to
govern the selection of appointments to
place OF Office by those who made those
rules and regulations. and are chargeable
with their enforcement. and who may at
their pleasure disregard them
In my judgment IL would be perver-
sion OF Justice TO make innocent disbursing
on,eerr the victims of the violation of the
civil service rules by those charged with
their execution and enforcement. II this
ruling has tendency TO muddy the stream
OF ctvil service reform. which should al
ways fo~ pure and clean from its fountain
throughout its course, can only answer
that II would be as futile for me 10 attempt
with my limited Jurisdiction to purify this
stream as IL would be 10 bail the ocean Of
its waters with a pint cup.
prefer TO let the responsibility rest
where II rightfully belongs and follow the
precedents OF years in my Office, TO recog-
nize the certificate of appointment Of the
head OF e department or other appointing
power TO office or place when such appoint
ment Il not In violation OF law or without
authority Of law"