The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-12-24
Refuses to Obey Request for His
Immediate Resignation From
the Naval Service.
SAYS He HAS DONE NO WRONG.
Stands on Civil Service Regula-
tions and Declares He Cannot
BE Distinguishes Trial
by Naval Procedure.
REPUBLIC Special.

| REPUBLIC SPECIAL
New York. Dec. 23-Practical defiance to
| the President was made to-day when Edgar
| Stanton Maclay. writer OF history instru-
| mental in the Schley controversy. refused
| to resign his position as special la
borer' in the Brooklyn Navy Yard. Mae
lay worked all day to-day and will report
for duty tomorrow.
His action was embodied in a letter adj
dressed to Rear Admiral Barker, command
ant Of the yard which passed through the
regular channels and has been forwarded
to Washington. All the officers concerned
in the matter took refuge behind the regu-
lation forbidding the giving of information
about naval matters. and the yard to-day
is practically closed news center.
Reprimands administered by direction of
the President to officers high in both arms
Of the service have had the effect of maxi
ing all silent. All inquiries to the officers
in charge at the yard bring out citation
Of the forbiddin., regulation.
OF all concerned. from the commandant
to the time clerk. Mr.. Maclay is the only
person who will talk. From him 1t was
learned to-day that Rear Admiral Barker
had transmitted the Presidents request for
his resignation. and that he had refused
point blank to resign, and had written to
that effect to Rear Admiral Barker. also
asking that charges be preferred against
him and that he be given fair trial.
Stands on Civil Service Laws.
Maclay worked all day to-day typewriting
vouchers. Efforts to see him in his office
were prevented by strict enforcement OF
the regulations that do not allow outsiders
to visit workmen In working hours. In
stead Of leaving the yard by the Sands
street gate, as is his usual custom. Maclay
tonight used the Flushing avenue gate and
50 escaped reporters who wished to see him.
BY his refusal to resign, he believes that
he is within his rights under civil service
regulations, though he seems to have over
looked the clause that provides that a re-
quest from the President for a resignation
is tantamount to a dismissal. His position
would be tenable, say those who know. were
it not for the fact that the request came
direct from the White House.
No penalty is attached to a violation OF
the regulation, beyond that of having such
violation noted in the record of the person
concerned" One high authority in the yard
said to-day that this left the penalty for
a violation entirely with the department.
Under the provision of that regulation. a
man could be shot for its violation. Any
one is subject to court-martial for talk
ing about things in the service.
II the department 50 desires. It could cas-
lily try Maclay for this: for. while he is un.
under the Navy Department"
Says He Cannot BE Discharged.
When seen at the noon lunch hour to-
day Mr.. Maclay said:
1.-The President cannot have me dismissed
under the law. as l see it. do not see how
he can force me out. l am protected by the
civil service laws enacted by the Con
gress. whose enactments the President Is
bound to execute.
II do rot know positively. but I believe
nv rosition under the Civil Service fur
nishes me complete protection so long rs !!
violate no rules of the service. and that
have not done. and that l have so stated
in my letter to the comnnandant IN answer
t, the request for my resignation.
NO, did not say that the President is
as bad as the Gar of Russia.
81 have done nothing more than write
the commandment and ask that charges be
preferred against me. and will do nothing
more just now. 1 have not been suspended
been doing for fifteen months.
Il have tried to 60 my duty here and
have broken no rules. and shall simply
stand by my rights, more for the principle
of the matter than anything else. for my
position here. pays me very little. and is
and information 1t affords me as material
for my books"
MAY BE SUMMARILY REMOVED.
Washington, Dec. 2S.-Secretary Long
said tonight that he had not received a
reply from Mr.. Maclay to the request
for his resignation. Pending its receipt. the
Secretary said he did not wish to enter in
to a discussion of the matter for publica-
tion.
During discussion of the matter to-day.
Secretary Long made it perfectly plain that
the Presidents intentions in regard to Mac
lay would be carried out regardless of the