The times., 1899-07-10

The opinion of the Comptroller of the
Treasury in reference to the appointment
of deputy marshals in the classified civil
service. and the letter of John R. Proctor,
the President of the Civil Service Com
mission, to the Secretary of the Treasury
requesting that the Comptroller review his
findings in the matter, were made public
last night.
1t will be recalled that the friends
of civil service reform severely criti-
cised the President the moment the
new order was promulgated, and that
they plainly gave warning that the Civil
Service Commission would resist in every
possible proper manner the attempt of the
President to disregard what seemed 20 be
the legally defined provisions and powers
of the Civil Service law.
An Illustrative case has now been de-
cided by The Comptroller of the Treasury
N favor of the President; and John R.
| Proctor, the President of the Civil Service
Commission. has written an exhaustive
letter to the Secretary of the Treasury
| opposing the decision and asking the
Comptroller TO review his findings in the
matter.
The opinion of the Comptroller is as fol-
lows:
The Chief Executive promulsates an order plac-
ing oihce deputy maIshais in the classified civil
service. The Attorney General in his department
| c'assfes his official force and those under him.
and places Office deputy marshals in such classified
force, and then appoints person office deputy
marshal in disregard of those rules and regula-
tons.
Shall presume on these facts that. for good
and sUifcien; reasons, he, as the direct agent
Of the President, waived the rules and rogula-
tions. IS the President undoubtedly has the right
| 10 do, OF. on the contrary. that he has violated
| the law. when there was 40 law. but simply rules
and regulations!
1t seems to me that my duty in the premises
Is plain, and that ! Will not err IL / hold that
50 long the President recognizes the act Of
his agent he alone has the power to discipiine
and enforce; that I shall make no mistake il
treat as valid appointment to place Or Office
those certified TO such appointments or places
by those having the appointing power Il /,
not % he understood that il Is intended Ia
oe held That the mere certifraiion Of an an.
pointmcnt 10 place ofice 10y the head Of 4
department or Other appointing power Is suf-
hcient evidence upon which the salary or other
pay ot such officer or person is 10 be paid II
the head oi a department or even the Presi-
dent himself, should attempt to appoint par
law, or where ne salary or compensation is fixed
by law, the accounting officers Of the Treasury
would not lie justified in allowing TO such pre-
iendld officer his salary such or other cmolu-
ments Of office.
The unlawful appointment TO place or of9ra
Is quite different thing from the disregard Of
rules and regulations made TO govern the seiec-
non or appointment TO place or Office br those
wEo made those rules and regulations and are
chargeable with their enforcement. and who may
nj their pleasure disregard them.
IL Is sufficient for the purposes Of your aues.
non to hold, and do hold, that ! will not 20
nacG oi the certificate OF appointment by the
mead OF department or appointing power
where no direct law las been violated and at.
tempt 10 ascertain whether such officer, in max
ing scch appointment has tisregarded some rule
or regulation Of the Civil Service Commission
/ or some rule or regulation of his own regarding
the classified service.
In the one instance, if he violates the rules
oi the Commission, being by approval the rules
o the President, he Is responsible TO the Presi-
Gent VINO Is entirely competent and has full an
| thorIty TO enforce in his own way and manner
those rules; and in the other he is violating his
own rules or, rather, waving their enforcement.
"n4ch Is no concern OF mine or any other ac-
counting officer.
In my judgment, it would be a pcrvcrsion Of
Justice TO make innocent discussing officers the
victims OF the violation OF the civil service rules
by those charged with their execution and en-
! iofccieit, ana my office an engine of ol,IlrpS-
son and wrong against the innocent il | should
hold that disbursing officer is not entitled
10 credit for disbursements made bv him to
officers whom he constantly secs performing tho
duties of their Offices TO the acceptance OF their
superiors and the heads OF the several den,rt
ments who made the appointments because spcb
heads Of departments in their appointments. did
their selections ~
Ii this ruling has tendency to muddy the
stream Of civil service reform, which sbouId al
ways flow pure and clean from its fountain
thfougout It's course | can only answer that n
would be as futile for me to attempt with my
limited jurisdiction TO purify this stream as Il
would be to bail the ocean Of its waters with n
pint cup. "''' Z"
would only succeed in making the innocent
suffer | prefer to let the responsibility resi-
where i Tghtiully belongs and follow the preoe
dent OF years in my office, to recognize the cor
tihcate OF appointment Of the head Of derart
ment or other appointing power to Office or
Place where such appointment is not in viola.
uGn oI Ia" or without authority of law.
sou arc authorized to pay such deputy If hi.
account IN all other respects is correct.
Respectfully yours
r. ]. TRACEWELI, Comptroller.
In ufg