Barre evening telegram. (Barre, Vt.) 1898-19??, 1901-12-27
BUSTING OF NA([AY.
Not q Violation of Civil servi..
Regulations.
SO SAYS THE COMMISSIONERS
Refnse" Answer to the Categortc.,
Questions Of the Accuser NJ r.
Admiral schley - Preceden,
For summary Remox.y

Washington, Dec. 27.-The civi, cow
Ice commission notified Edgar s. Ma.
clay, the historian recently EMPLOYED
in the Brooklyn navy yard, that his re-.
moval from his position at that noint
was not in violation of the civil service
act This notification is contained IN
a letter written to Mr.. Maclav nv
President Proctor of the commission
and is in reply TO an inquiry from him
Maclays letter, dated from the ott,ce
Of the general storekeeper, New York
navy yard, Dec. "a, says:
Sir, on Dec. % received the fol-
lowing communication from the Score.
tary of the navy:
II ana directed by the president +,
ask Edgar S. Ma.lay, special laborer
general storekeeper's office, navy yard,
New York, to send in his resignation
This communication was addressed
TO the commandant of this navy yard
and was duly forwarded to me, / de-
sire TO get an authoritative opinion
from tire ciVii service commission on
the following points:
"Frst.-Has the president IF fine
United States any authority under the
laws governing civil service to demand
the resignation of a civil service en-
Tloyee in the classified list?
"Second.~-Has the president the au-
thogity or power to cause the dismissal
Of any civil service employee without
prefcl1ng charges in writing and Civ
ing said employee an opportunity in
witch TO make a defense|
Commissioner pr@ctcr's Reply.
70 this Commissioner l'rocter re.
pied:
In response you ere Informed that
it is contrary 10 The practice Of the
commission to undertake t. answer ny
pothptical questions. Your separation
from me service, according to the facts
in your case as they appeared in the
public press, was made upon the order
Of the secretary OF the navy. in whom
the power of removal rests. The de
mand for your resignation, followed by
your removal, upon the direction of the
president through the secretary of the
navy, was not in violation Of the civil
service act and rides. in view Of the
well known facts in your ease.
THE object of Tire rule requiring n"
tlcc and hearing was t. prevent po
itical removals OF removals upon Sc
crct charges No issue Of this kind is
in olved in your case
Esta9sIished Precedent Cited.
President Proctor of the civil service
commission also gave our the following
statement bearing upon the case.
The committee has always held, as
Shown in its thirteenth report, Jan.
1897:
The civil service act dill not lntent
that Incompetent persons SHOULD De re
tanned in Office. The authority Of re-
moyal and its exercise for proper rea
Sons are necessary Tor thn discipline
and efficiency of the pubic service
The power of removal is rot affected
Ivy the law or the rules further tlial
that they provide tllat removals SAal
loi be made for political o. religious
roa-ons' -
''Thc rule Of the president July -
1s31 requiring that pefsfh slio0l'
oil5 he removed for Just cause ''h'
upun reasons in writing and AFTER Ill
Dpporttnity for making answer ""S
itI the purpose Of preventing poil'i'"l
On rclloiuus removals or stnoYsIis upon
socrep charges. bur was in 10 way III,
tended to curtail the power oi 1elii''' :"
for inst cause. Under his rale lNe
reasons for removal are 10 Ne Il liii L
Ter Of record. but il Woes MOI 1n'p"'i -
Ike Slightest degree tie prompt eN'l''''
Of the power OF discipline III "lsO"''
Ing this rule IN the fOurEeeilth ''po!
of 1hc commission. Dee. 81 i99'' 1t -
stated that If the reasons are sun ''''''
the Officer will MOI hesitate 10 liahe INV
lemoyal.' 1t cannot be asserted .''''
Maclay's removal was for polilie"l VI
religious reasons or upon secret CHARGES
It's ike reasons for the departmellt a.
ton are well known h0'h % N"N'"'
aud to the public.