Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-07-22

at once becomes, axe 'che laws OF the Medes
and Persians. irrevooable and unalterable.
A certain religious sect has for its dogma
once in grace. always in grace" Mr..
Procter's dogma of today is. "a position
in the classified service" There Is Just as
much truth In one OF these doctrines as in
the other-in my judgment none in either.
In his letter requesting that 1 review my
decision upon this point he says:
Granting, now, merely for the sake of
argument. that this provision implicitly au-
thorizes the President also to direct that a
p t;sa De removed from the classified ser
wee, and 1mpliedly enjoins the head of a
department or office to carry out such di-
rectlon of the President nevertheless it will
not be commended, it IS, assumed, that under
oh,s ptoViso tsectionI closing paragraph
neg service otherwise than in the same
denn1te prescribed manner attended by the
same degree OF formality and solemnity as
is expressly required to bring the position
into the classified service
Charged With Incon.fstency,
If on the 23d day of last month Mr. Proc
ter would only grant for the sake of argu-
ment authority to the President of the
United States by executive order to re-
move from the classified service a posi-
ton once placed therein, and then only,
to quote again, when ATTENDED by the
same degree of formality and solemnity as
is expressly required to bring the position
into the classified service 1 should like
to know when he experienced q change of
heart and received new light
On June 1. 1893. the civil service commits
sion addressed the President the following
letter:
The commission has from time to time
had its attention called to the many con-
1lcts arising out of and touching the power
of appointments and removals of deputy
collectors of internal revenue pension ex-
aiming surgeons, deputy United States
marshals and other officials. which posi-
lions the commission has determined to
recommend should be excluded or excepted
from the classified service and the rules
of the commission
Did Mr.. Proctor, a person who Is sup
posed to have special knowledge of the
meaning and intent Of the civil service law,
in June, 1893, recommend the President to
do an unlawful act when he recommended
that deputy marshals and certain other
places be excluded or excepted from the
classified service and the rules of the COM
mission? The jewel of consistency is not
one of the many adornments and accom-
plishments recently affected by this gen.
tleman.
If the President possessed the authority
Oh June l, 1885, to exclude and except
these places from the classified service,
he was advised to do, he certainly had the
same authority on May %, 1899, the date
or the order of exemption. Whether the
authority was exercised with that formal
ity and soemnity in all events held to be
prerequisite by the commission Is mat
ter about which 1 need not now express
an opinion, sincerely trusting however,
that as occasion may require Mr.. Proctor
will experience other changes of heart
and new light.
Riding single hobby too long at a time
not only becomes tireSome to the rider,
but pals on the spectator.
merely suggest, Mr.. Secretary, that Mr..
Proctor, who is evidently mistaken as to
the authority conferred upon you by the
act of July 81, 1894, to direct me to review
an advance decision made to a disbursing
officer, and who had decidedly different
views as to the power of the President of
the United States to exclude from the
classified service places which had hither-
to been placed therein in June, 1899, from
what he entertained in May, 1893, may be
again mistaken; aid that 1 may not have
peen IN either serious or VeXatious error
when l held in the Grady matter that a
rule or regulation of the President placing
certain office in the classified service is
not law, and that in passing upon the
accounts OF an officer appointed by the
mead OF a department L would not go be
nlnd the certificate of appointment by such
mead of department and assume to try the
fact as to whether he had violated an
executive rule or. regulation in making
such appointment to office.
Scope of the Civil Service law
The Pendelton act, commonly known as
the civil service law, by section two thereof.
provides that the President shall have au-
rules for carrying the act into effect and
that when said rules shall have beer, rro.
muigated 1t STALL be the duty of all officers
OF the United States in all proper ways to
ald IN carrying them into effect
1t Is not doubted by me that a rule pre-
scrlbed or direction given by the President
placing any particular federal office place
or employment or classes thereof properly
subject to classification in the classified
service, or, in the exact language OF the
law, In classes, is a legitimate exercise of
the authority SO granted to the President,
and that it is the duty of the heads of sew
eral departments and all others to respect
and obey such order
1t is further provided in said law that
when the President shall have caused to be
SO arranged any place, office employ
ment IN classes, that persons to fill such
offices, places or employments shall be Sc
lected from among those graded highest as
the result of a competitive examination to
he provided for by rules and regulations
which the President is also authorized by
said section two to prepare and promulgate.
The Pendleton act further provides that
any necessary exception from the eight
fundamental rules of the act unese rules
being part of the act itselD shall be set
forth in connection with such rules {beng
the rules promulgated by the President to
rules. and the reasons therefor shall be
stated in the annual reports of the civil
service commission.
What, then, briefly, are the eight funda-
mental rules of the Pendleton act?
The first makes provision for competitive
examinations for testing the fitness of ap-
plicants.
The second, that all offices, places and
employments IN the classified service shall
be filled by selection as the results Of COM
petitive examinations, provided for by
rule l.
The third, that all appointments in the
departmental service at Washington shall
be apportioned among the several states
and territories and the District of Column
bia upon the basis of population as ascer-
tanned at the last preceding census, and
certain qualifications of residence of the
applicants for place.
The fourth that there shall be a period
of probation before absolute appointment or
employment.
The fifth, that no person in the classified
service is under obligation to contribute to
any political fund or be removed or preju-
diced for refusing so to do.
The sixth, that no person In the classified
service shall use his official authority or
influence to coerce the action of any other
person or body.
The seventh makes provision for nom
competitive examinations when competent
persons do not compete to fill vacancies in
the classified service.
The eighth makes provision that the ap-
pointing power shall notify in writing the