The daily morning journal and courier., 1901-12-27
CIVIL SERVICE LAW NOT BROKEN
MT. Maclay Notified by President Proc ter That His Removal Was Legal

ter That His Removal Was Legal. Washington, Dec. 26.-The civil ser vice commission to-day notified Edgar s. Maclay. the historian, recently em- ployed as special laborer in the Brook lyn navy yard. that his removal from his position at that point was not in violation of the civil service act This notification is contained in letter writ ten to MT. Maclay by President Proc ter, of the commission, and Is in reply to an inquiry from him. MT. Maclay' s letter is as follows:
 "Offlce of the General Storekeeper
 Navy Yard, New York,
 "December 24, 1901. "Hon. John R. Procter, President Civil
 Service Commission:
 "Sir-On December 2S (yesterday) I received the following communication from the secretary of the navy:
 "'Sir-I am directed by the president to ask Edgar s. Maclay, special labor CT, general storekeepers' office, navy yard, New York, to send in his resigna- tion. JOHN ID. LONG,
 Secretary
 "This communication was addressed to the commandant of this navy yard, and was duly forwarded to me. I de- sire to get an authoritative opinion from the civil service commission on the following points:
 w-Has the president of the United States any authority, under the laws governing civil service to demand the resignation of a civil service employe in the classified list?
 "2-Has the president the authority or power to cause the dismissal of any civil service employe without prefer ring charges in writing and giving said employe an opportunity in which to make a defense?
 Very respectfully yours,
 EDGAR s. MACLAY." To this the commission replied under date of to-day, acknowledging the re- ceipt of the letter and requoting the ouestions. to which the following replies are made:
 In response, you are informed that it is contrary to the practice of the com mission to undertake to answer hypo- thetical questions Your separation 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 which 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 rules, in view of the well known facts in your case. The ob feet of the rule requiring. notice and a hearing was to prevent political remov als. or removals upon secret charges. No issue of this kind is involved in your case.
 President Proctor also gave out the following statement bearing upon the case:
 The committee has always held, as shown in its thirteenth report, January | 1897: ",rhe civil service act did not intend that incompetent persons should he retained in office. The authority of removal and it's and it's exercise for proper reasons are necessary for the discipline and the efficiency of the pub lio service. The power of removal is not affected by the law or the rules, further than that they provide that re- movals shall not be made for political or religious reasons"
 The rule of the president, July 27, 1897, requiring that a person should only be removed for just cause and up- on reasons in writing and after an op-