The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-12-27
Paid No Attention to the Order
and Went to the Navy Yard
Yesterday Prepared to Go to
Work as Usual
DIRECTOR PUTNAM
TOLD H>N TO LEAVE
Immediately Left the Yard But
Declared He Would Return
Again at the Usual Time This
Morning-Text of the interest
ina Correspondence

Washington, Dec. z6-lne NINu Ser
vice Commission today notified Edgar
S. Maclay, the historian. recently en-
ployed in the Brooklyn navy yard, that
mis- removal from his position at that
point was not in violation of the civil
service act. The Notification Is con-
tanned in a letter written to Mr.. Maclay
by President Proctor of the commission
and is in reply to an inquiry from hin-
Mr.. Maclay's letter Is as follows'-
."Ohice of General Storekeeper
Navy Yard, New York,
December "a, 1901.
Hon John r. Proctor, President CiVh
Service Commission
"Sirs-On December %, yesterday,
received the following communication
from the secretary of the navy;
"Slr-I am directed by the President
to ask Edgar s. Maclay, special labor
er. general storekeepers' office, navy
ward. New York, to send in his resigna-
'' John D. LONG. Secretary"
'sThis communication was addressed
to the commandant Of this navy yard
and was duly forwarded to me. DC
sire to get an authoritative opinion
from the Civil Service COMMISSION Oh
the following points,
States any authority under the laws
governing civil service to demand the
resignation Of civil service employs
In the classified listY
2-Has the President any authority
or power to cause the dismissal or any
civil service employe without prererrins
charges in writing and giving SAID en-
ploye an opportunity in which 70 Inaks
a defense?
VERY respectfully yours,
"fSigned EDGAR s. MACLAY."
To this the commission replied
December rs. 1901.
"Nfr Edgar S. Maclay, Office of the
General store Keeper, Navy Hards
New York.
Sir u,u.. "a
vour letter Of December "a, 1901, ask
ing his opinion upon the following
"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 list2
HAS the President the authority or
power to cause the dismissal OF any
civil service employe with preterrin8
charges in writing and giving said ems
ploye an opportunity In which to make
q defense?
IN response you are informed that
81 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 public press, was made upon tno
order of the secretary OF the navy IN
whom the power Of removal rests. the
demand for your resignation followeQ
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 or
the well known facts In your case.
"The object Of the rule requiring no.
tice and hearing was to prevent po-
litical removals or removals upon Sc
cret charges. No issue OF this KIND ia
involved in your case.
VERY respectfully,
JOHN r. PROCTOR
President.
president Proctor Of the Civil servios
Commission also gave out the fol-
lowing statement bearing on the CASE
THE commission has always held
as shown in its 18th report January l,
1897
"The civil service act did not intend
that incompetent persons should be re-
tanned in office. The authority of re-
moval and its exercise for proper rea-
sons are necessary for the discipline
and the efficiency Of the publis service.
The power of removal is not affected
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 81,
1897. requiring that a person should
only be removed for just cause and
upon reasons in writing and after an
opportunity for making answer, was
for the purpose Of preventing political
or religious removals or removals
upon secret charges. but was in no
way intended to curtail the power OF
removal for just cause. Under this
rule the reasons for a removal are to
be a matter of record. but it does not
impair in the slightest degree the
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