The times., 1899-07-16

woke any such appointment. giving such notice
thereof as the Commissioner OF Internal Revenue
may prescribe.
He was aware also. / have every rea-
son to believe, that some of the collectors
have asserted this authority. They have
dismissed the deputies CT their predeces-
sors in office. and have appointed men Of
their own choice. Appeals have been
taken TO the courts, with the result indi-
Gated in the decision of Judge Kirkpatrick,
of the United States Circuit Court. district
of New Jersey. in the case Of r. Harry
Page ct al. against Isaac Moffett.
THE circuit judge denied the motion 10
resrain the collector of internal reve-
nue. from removing deputy collectors. and
| held that deputy collectors of internal rev.
enue are appointed under section 314S. Re-
yised Statutes. and that the power Of re-
moval rests with the appointing power the
| collector, subject 10 such requirements as
TO notice, as the Commissioner of Internal
Revenue may prescribe. and cannot be re-
viewed by an appeal to the courts.
He knew that it was to settle this moot
| ed question, operating. it was, to em-
harrass the workings of a bureau collect
| ing annually more than two hundred and
seventy millions of dollars. that the Presi-
| dents order of May 30, excepting them
I from competitive examination, was issued
I he lau excellent opportunity LOT huOHlu=s
I that the Civil Service Commission recon-
.mended this very exemption, but yet failed
to show the fact. In letter dated June 1,
I 1898, the Civil Service Commission ad-
/ dressed the President on the question of
/ the revision Of the civil service rules, as
J follows:
I The Commission has from time to time had its
attention called 70 the many conflicts arising out
/ Of and touching the power of appointments and
L. q Il
pension examining surgeons, deputy United States
rnarshals and other officials, which positions the
] Commission has determined TO recommend should
be excluded or excepted from the classified service
| and the rules OF the Commission.
He alleges that for twepty months prior
I TO the Presidents order the force (of
/ deputies) was treated as though actually
/ outside the classified service How can
this be true If that be true which he him
( self states, namely:
I After number Of these violations were brought
T 10 the attention OF the Treasury Department
1 special instructions were sent 10 collectors bid
ding them comply with the law, but without
apparent effect.
I In the Treasury.
"The records of the department refute
/ him, however. in his general statement.
! With all the assertions of right and power
!
| own deputies, claim which has been put
/ in practice in certain cases. il still remains
/ true that the restraining influence Of the
/ Treasury Department has been such that
out of total Of 963 such appointments.
( 1872 deputy collectors were appointed, and
on May % last held their positions under
/ the provisions of the civil service law and
rules, which he charges the Treasury De-
Hartment with entirely disregarding.
The 2il not thus accounted for include
those temporary appointments made with
the consent of the Civil Service Commits
l sion in eases where they we're unable to
( furnish eligibles. The remainder may be
said TO be those appointments which are
7 alleged to have been made in contravention
I OF the civil service law. But they were
made in view Of section 3i4S, Revised Stat
/ utes, an authority invoked by collectors for
/, their independent action in the premises
and. as he must well know. in some In
stances sustained by the courts. notably the
| case before cited. In quite different con-
| nection he says:
Since the opening OF the war with Spain Tia,
| number of appointments in the Washington of