The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-27
Will Pose as n Martyr by Reporting
for Duty Each Morning at the
Accustomed Hour.
HIS DISMISSAL JUSTIFIED
REPLY OF THE CIVIL-SERVICE COM
MISSION TO HIS APPEAL.
Nothing i'm the Law to Prevent the
President Discharging a Man for
Such Ofenses as MacIay's.

NEW YORK, Dec. 26.-Edgar Stanton
Maclay, who refused to resign as special
laborer in the office of the general store
keeper Of the navy yard, was summarily
discharged to-day. Maclay went to the
navy yard as usual to-day and prepared to
resume his duties. Pay Director Putnam
went to Maclay's desk read him the tele-
gram of dismissal received from Washing
ton yesterday and told him that he was
dismissed. Maclay left the navy yard i'm
mediately He said he would return at the
usual time tomorrow, prepared to go to
work.
WASHINGTON, Dec. 26-The Civil-serv-
ice Commission to-day notified Edward S.
Maclay, the historian, recently employed
In the Brooklyn navy yard. that his re-
moval from his position at that point was
not in violation of the civil-service act.
This notification is contained in a letter
written to Mr.. Maclay by President Proc
tor of the commission, and is in reply to
an inquiry from him. Mr.. Maclay's letter.
which is dated "Ofice of the general store
keeper, navy yard, New York, Dec. "a"
follows:
Hon. John r. Proctor, President Civil
Service Commisson-Sir: On Dec %. yes
terday, / received the following communi-
cation from the secretary of the navy:
Sir-l am directed by the President to
direct Edgar 5. Maclays special laborer,
New York, To send in his resignation
This communication was addressed to
the commandant of this navy yard. and
was duly forwarded to me. / desire to get
an authoritative opinion from the Civil
service Commission on the following
points:
"First-Has the President of the United
States any authority under the laws gov
erning civil service to demand the resiena-
ton OF a civil-service employe in the classi-
fed list?
'Second-Has the President power or an
thority TO cause the dismissal of any civil
service employe without preferring charges
in writing and giving said employe an on
portunity in which to make defense?"
The Civil-service Commission, through
President Proctor, replied follows to-
day:
Edgar S. Maclay Office of the General
Storekeeper. Navy Yard. New York:
"Sir-The commission is in receipt of
your letter of Dec. "a. 1901. asking its opin-
ion on the following questions: Here
Maclays questions are repeated.J In re-
sponse you are informed that il is con-
trary to the practice Of the commission to
undertake to answer hypothetical oues
tions. Your separation from the service.
according 10 the facts in your case as they
appeared in the public press was made up
on 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 a hearing was
to prevent political removals or removals
upon secret charges. No issue of this kind
is involved in your case"
President Proctor. of the Civil-service
Commission. also gave out the following
statement bearing upon the case: The
commission has always held. as shown in
its thirteenth report. Jan. l. 1897: The
civil-service act did not intend that incom-
petent persons should be retained in office
The authority of removal and its exercise
for proper reasons are necessary for the
discipline and efficiency of the public serv.
ice. The power of removal is not affected
by the law or the rules, further than that
they provide that the removals shall not
be made for political or religious reasons
The rule of the President. July o. 1897 re-
quiring that a person should only be re-
moved for just cause and upon reasons in
writing. and after an opportunity for max
ing answer. was for the purpose of pre-
venting political or religious removals or
removals upon secret charges. out was in
way Intended TO curtail the power OF
removal for just cause Under this rule
the reasons for removal are to be a mat
ter OF record. but IL does not impair in the