Arizona republican., 1899-07-16
Commissioners Insist That The
Comptroller is Wrong
ABOUT DEPUTY MARSHALS
In His Decision He Made Distinction
Between Violation OF Rules and
Violations of Law-CommmIS-
SionerS Insist That Appoint
mentS Were Made In Violation OF
EXPRESS Terms of Law.

Washington, July 15.-The civil SER
vice commission has made public It's
letter to the secretary of the treasury
of June % last, asking thai the comp
troller of the treasury be requested to
review his recent decision in the mat
ter of the alleged illegal appointment
of deputy United States marshals In
the course of his decision the comp
troller said:
Il will not go back of the certificate
of appointment by the head OF The de-
partment or appointing power. where
no direct law has been violated, and
attempt to ascertain whether such
officer, in making such appointment,
has disregarded some rule or regula-
ton of the civil service commission,
or some rule or regulation of its own
regarding the classified service"
The comptroller makes clear dis
tinction between the violation of law
by the president and violation of the
rules and regulations made by him,
and says:
rest where it rightfully belongs, and
follow the precedent of years in my
office, to recognize the certificate of
appointment of the head of a depart
ment or other appointing power to
office or place. where such appoint
ment is not a violation of law or with
out authority of law. You are au-
thorized to pay such deputy If his
account in all respects is correct,
The commissioners in their letter
contend that the appointments under
consideration were made in violation
of the express terms of the law. and
quote numerous authorities TO show
that the rules and regulations have all
the force and effect of law. and that
exceptions to these rules and regula-
tions can be legally made only in the
manner provided by the law. The lrt-
ter concludes as follows:
'"Thus, from another point Of view,
also, We must arrive at the same con-
clusion as indicated in the early part
of this discussion, namely "a, that the
comptroller does not intend to hold
that, so long as a position once in the
classified service is not excepted from
the requirements incident thereto. an
appointment can be made to such po-
sition without compliance with the pro-
visions of the civil service law and
rules requiring such appointment to
be made through examination and Ger
tification by the commission. and C2)
that, consequently. the only question
left at issue is how, if at all, a posi-
ton once in the classified service can
be legally excepted or withdrawn from
the requirements incident to lis classi-
fication.
And it has already been pointed
out in the first part of this communi-
cation ID that the law prescribes GER
tain definite manner in which only tile
position can be thus Withdrawn or eX-
cepted: (2) that in the case before the
comptroller the position was not with
drawn or excepted in the manner pre-
scribed. and (3). consequently. the con-
clusiOn cannot be escaped that the ap-
pointmenq to the position in Il manner
contrary to that prescribed was illegal
and void. and hence the person ap-
pointed was not entitled to any COM
pensation or emolument accruing to
the Office