The Washington times., 1901-07-29

as rendered necessary because OF In
crease of work Incident to the war with
had been exempted by Congress from the
operation OF the Civil Service act. they
We're by virtue of this enactment nomi-
naily validated from that time forward.
In the act OF March 3. 1901. provision Was
made for their continuance for the cur
rent year.
sTocKMEN AT AGENCIES
e. In the Interior Department the act
making appropriations for the year end
ing June 30. 1902. contains the following
clause.
To enable the Secretary OF the In
terror TO employ practical farmers and
practical stockmen, subject only to such
examination as to qualifications as the
Secretary of the Interior may prescribe
IN addition to the agency farmers now
employed, atwages not exceeding s65 per
month, to superintend anc direct farming
and stock raising among such Indians as
are making effort for self support sixty
five thousand dollars.
''The appointments of farmers and
stockmen since the passage Of this act
have been made without examination. As
the act expressly refers to tests prescribed
by the Secretary of the Interior alone. ii
is probable that 1t permits this to be done
out the situation is unfortunate, since
about twenty persons were appointed as
farmers and stockmen prior to the act by
competitive examination. To have two
sets of men doing the same work, appoint
ed IN two different ways. seems not only
Illogical. but calculated TO imperil the
CLASSIFIED part of this service. II Is sub
mitted that the President, with the con-
currence of the Secretary of the Interior
may very properly establish a rule for the
uniform examination of all these farmers
and stockmen by the examiners of tho
Civil Service Commission: or that the
Secretary. having the right to prescribe
mi
accept those OF the Civil Service Commits
sion. sA-=
"on. June 10 the above cases were
brought to the notice of the President in
a communication addressed to him hy the
chairman of your committee, and he was
respectfully urged to include each and
all of them within the CLASSIFIED service
through specific executive orders:
EyAsIoNs on OTHER PRETkxTs.
Further cases that have come to your
committees knowledge include the fol-
lowing:
IS. The Deficiency bill of March g.
1893, made an appropriation Of $4,000 for
the reproduction. under the direction OF
the Commissioner of the General Land
Office, of official plats of United States
surveys. diagrams. and correspondence
constituting the files of the office of the
register of the General Land Office at
bismarck. n. D., which were destroyed
by fire in August, 1896. The force of copy
lists, numbering fourteen. was employed
without reference to the Civil Service law.
Their employment was continued beyond
the year appropriated for, further provI-
sion being made for Ii in the act OF Feb
ruary g. 1880. In this case it is the un-
derstandins; that the department contends
that the language of the act implied that
the work was of the emergency order,
and not subject to the rules, and ii seems
that the copyists are carried on the rolls
nominaiiy as 'laborers. Those on the eli
gible lists who might be selected are thus
debarred. 1t appears that the provisions
recently made by Congress for clerical
work in the reproduction of records of
the Land OIiee have been construed in
the same way in nine other cases, the ap-
preparations in these cases aggregating
Si7 200.
&c. In establishing the !. new preference
library in the Government Printing Office,
Congress provided that the librarian, or,
as the act reads, the personeor persons
who shall have charge ofgsuch library,
should be selected and appointed by the
Public Printer. This. the Public Prin-
ter construed as an exemption and ex-
aminations for appointments5were not
held. re szres-.
I'm the act of July I. 1898. provision was
made for twenty-four additional employees
for the Division of Loans and Currency
in the Treasury Department. for the
counting of paper money sheets. This is
clerical work of a sort orgwhich the
Commission is always prepared to furnish
eligibles. But the act was made to refer
to twenty-four paper counters and Ia
borers. and the Treasury Department
claimed an exemption under the second
designation.
''In letter OF the Civil Service Com
mission to the Attorney General, dated
March 8. 1901. it is pointed out that all
clerks of United States District Attorneys
have been appointed without examination.
although the rules except not to exceed
one private secretary or confidential
clerk to each of these officers There are
at least five who have two clerks and
one who has fiye.. all of whom were ap-
pointed without compliance with the law.
The Attorney General, in reply, refers to
an act of May, 1887. authorizing district
attorneys to employ - the neceS
sary clerical assistants. etc.is Under
construction followed by the office. he
states the persons so employed are not
considered as appointed within the
meaning of the civil service irules.a The
Commission did not feel that 1t could
do otherwise than accept the depart
ments decision, and the exemption
stands
TEMPORARY TYPEwRITERs
I'm the act of July l, 1898, 81, 900 was ap-
propriated for temporary typewriters
and stenographers in the Department Of
State to be selected by the Secretary
These appointments were made without
examination, though it does not appear
that they were treated at the outset
positively excepted. One of the ap-
pointees, Mrs. Caroline Galbreath. sought
to obtain a permanent appointment by
taking the typewriting examinations of
the Commission in September 1899 but
she failed to pass. Application was then
made to the Commission for permission
to retain her permanently under the
clause of the Presidents order of May,
1899 continuing temporary employees hold
ing positions on that date. The Commits
sion declined to issue a certificate on the
ground that the clause in question re-
ferred only to those who had been tenn
appointed under the rules, and
in the absence of an eligible list An
adequate list existed when Mrs. Galbreath
was put to work. When the question was
referred to Attorney General Griggs, he
tifcate should not be issued under the
but that as the act author
zed the Secretary of State to select and
not TO appoint, none of the rules ap-
Piled, and the personal appointment might
he continued Your committee believes
that this opinion is essentially in error,
and that even If there were difference
IN the terms used, the opportunity for an
appointing officer to select is fully af-
forded when, as the rules provide. three
names are certified, from among which
his choice may be made. So2 far as its
effect on the case of Mrs. Gatbreath is
however. tne opinion governs
until set aside by some competent author
ty. This emoloye, with others. has been
continued from year to year under further
appropriations, made in the same lam
suage, passed February q, 1899; February
J, 1900, and March 3. 1901.
NULLIFYING THE SERVICE.
Your committee submit that if the prac-
ice of securing exemptions by the meth
DDS described in this report should not
De checked by Congress or by the Presi-
lent it will be possible for the opponents
Of the merit system to bring about a
gradual notification of the Civil Service