The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-12-31

Reasons.
Washington, December 26.-The civil
service commission today notified Edgar
s. Maclay, the historian recently en-
ployed in the Brooklyn navy yard, that
his removal from his position at that
point was not in violation Of the civil
service act. This notification is con-
tanned in a letter written to Mr.. Mac
lay by President Proctor, of the COM
mission, and is in reply to an inquiry
from him. |
Mr.. Maciay's letter is as follows:
office of the General StoTe-Keeper,
New York. December "a.
Hon. John R. Proctor. President of
Civil Service Commission,
Sir: On December 23rd. yesterday,
[ received the following communication
from the secretary of the navy:
"I am directed by the president to
ask Edgar S. Maclay, special laborer'
general store-keeper's office, navy yard, |
New York, to send in his resignation.
JOHN D.. LONG. Secretary
.'This communication was addressed
to the c~onmandant OF this navy yard
and was Forwarded to me. 1 & desire to
get an authoritative opinion from the
CItIl z ~ OA NHN AOANO
ing points:
"Q.) Has the president of the United
States any authority under the laws
governing civil service to demand the
resignation of a civil service employee
in the classified list?
"(2) Has the president the author
ity or power to cause the dismissal of
feIring charges in writing alb giving
Qnf6 QmnlOvaP an ODnOrtunltV In which
to make a defence?
Very respectfully, yours,
EDGAR S. MACLAY."
To this the commission replied:
December rs.
Mr.. Edgar S. Maclay.
"Office of the General Store-Keeper.
Navy Yard. New York.
Sir: The commission is In receipt Of
your letter of December "a, 1901, asking
its opinion upon the following questions:
I'd Has the president of the Unit
ed States any authority under the laws
governing civil service to demand the
resignation of a civil service employee
in the classified list?
"'(2.) Has the president the author
ity or power to cause the dismissal Of
any civil service employee without pre-
ferring charges in writing and giving
said employee an opportunity in which
to make a defenceF
" In response, you are informed that
it is contrary to the practice Of the
commission to undertake to answer
hypothetical questions. Your separa-
ton from the 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
demand 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 rules. in view of
the we'll known facts In your case.
The object of the rule requiring
notice and q hearing was to prevent
political removals or removals upon
secret charges. No issue of this kind is
involved in your case.
Very respectfully.
"JNO. r. PROCTOR, President"
President Proctor, of the civil service
commission also CAV out the following
statement bearing upon the case:
THE commission has always held, as
shown in its thirteenth report,
airy /, 1897:
THE civil service act did not in
tend that incompetent persons Mould
be retained in office. The authority of
removal and its exercise for proper
reasons are necessary for the discipline
ard the efficiency of the public service.
The power of removal is not affect
ed by the law or the rules, further than
that they provide that removals shall
not be made for political or religious
reasons.
The rule of the president, July q,
1857, requiring hat a person should
only be removed for just cause and
uron reasons in writing and after an
opportunity for making an answer, was
for the purpose of preventing political
or religious removals or removals upon
secret charges, but was in no way in
tended to curtail the rower OF removal
for just cause. Under this rule the
reasons for a removal are to be a mat
ter Of record. but it does not impair in
the slightest degree the prompt exer-
else of the power of discipline. In dis
cussing this rule in the fourteenth re-
port Of the commission. December 81,
1887, 1t Is stated that If the reasons are
sufficient the officer will not hesitate to
make the removal 1t cannot be as
serted that Maclay's removal was for
political or religious reasons or upon
secret charges, as the reasons for the
departments action are well known.
both to Maclay n to the public"
New York, December. 26.-Edgar STAN
ton Maclay, who refused to resign as
special laborer in the office OF the gen
eral store-keeper of the navy yard, was
summarily discharged today.
Maclay went to the navy yard as
usual today and prepared to resume
his duties. Pay director Putnam went
to Maclay's desk, read him the tele-
gram Of dismissal received from Wash
ington yesterday and told him that he
was dismissed. Maclay left the yard
Immediately. He said he would return
at the usual time tomorrow. prepared
to go to work.