New-York tribune., 1901-12-27
NACLAY GETS NO RELIEF.
HIS REMOVAL NOT IN VIOLATION of
THE CIVIL SERVICE LAW.

washngton Dec 2.-The Civil Service Coniiii'
sion to-day informed Edgar S. Maclay tha' ms re-
ruoval from his place in the Brooklyn Na'! -,
was not in violation of the ClVl 0eiN.e -. NJ
notice was contained in letter written " M
ATacIay nv President Proctor of the cohfhis9io'' "
rarl, 70 an INQUIRY from Macay. Maclay's letter
is as follows:
Office of the General sto5sksePPeF Nbse Dec 4 1901
Hon John R Proctor. President Civil service oo"'-
sin Sn december % (yesterday) received the M
following communication from the secretary u '''e
&sir am directed by the President to ask Edgar
: Naclav special laborer general stot bia reSe
0ife te navy yard NsgS9rbb 0H& 5 IoSG secretarS
This communication was addresseG - niy 1H for forward
ed to me desire 10 get an authorlau%be I've FpU }iinU
from the Civil Service Commission on 'le -'''''
w the President of the United ,x sass er2os %s
to demand the ressnation OF NNi .
3condI1as the President the apthorit% or n"r pTWer
70 cause the dismissal of any CiVll service PIi;
wthogT Wit an 6pSortGnity in which to make
defence Very respectfully E2RGGrsA; E5RGAR s 21AcIAY
To this the commission replied:
December 26. 1901.
Mr. Edgar Maslay 9aise Of T@rt the General Store
keeFfI I om7nissjon is in receipt of your letter
Of Decen9ber a 1901. asking its opinion upon the
ss the President of the United States any au7
thority under the laws s9verHinK ryce empioye
Has the President The authority or power pro 10
preferring charges IN wiring a ao ,slte
said emploEe an opportunity III WHY" ~ ~
In respo,se yor are Informed that it is con-
trarv 10 the practice of the commission 70 uldeI-
take to answer hypothetical questions fouI n. seb y
ar2tOn from the service, ACCORDING t0 tuc -
rour case as they appeared in the public press was
made upou the order the Secretary OF the Navy;
in whom the powe- of removal rests. Inc o-il@aI i
upon the direction Of the president: thfouNI w
Secretary of the Navy was not IN VOCATION oi III tag
Civil Service act ana rules III We" % 'H' --
known facts in your case .,.. ~
The object Of the rule requiring notice ana
movals upon secret charges No issue OF TINS hliu
JOHN r PROCTER. President
President Proctor also issued the following state
ment bearing on the case:
The commission has always held as shown In Its
thirteenth report, January J. 1871: ... ,,oo-,,
petent persons should be- retained in Once ne
authority OF removal ana its exercise ioT pIoptrt
reasons necessary FOR the discipline ana the eI-
ficency of the public service. The power OF re
r,oval is not affected by the law the rules. FUR
ther than that they provide that removals. shal!
The rule of the President. July 2. lsS.. rtquir-
ing that a person should only b." removed Ior JUST
opportunity FOR making answer, was for tnt puII
pose Of preventing political or religious removals
or removals upon secret charges. but was IN n"
way intended to curtail the power "l refR"Nai t"'
lust cause Under this rule The reasons Tor ID re-
ITlovai are to he a matter OF record, hut It docs
moi ruar In the slightest degree the prompt eNer-
else Of power of discipline In discussing TINS
rule in the fourteenth report Of the commission.
T1acaoher n 1897 il is stated that IL the reasons
the removal" Il cannot be asserted that Maciay
removal for political or religious reasons or
nienis action are we'll known both to Maclay and
To the public.