The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-12-27
President Proctor Says His Dismis-
sal Is Not in Opposition to
Civil Service Laws.
LONGS ACTION WAS JUSTIFIED.
Object of Rule Requiring Notice
and Hearing Is to Prevent
Political Removals. or
on Secret Charges.

Washington. Dec. 26-The Civil Servics
| commission to-day notified Edgar s. Mac
lay mat his removal from his position a,
the Brooklyn Navy Yard was not in viola.
tion OF the Civil Service act This notifl.
| cation is contained in a letter written 10
MI. Maclay by President Proctor Of the
commission. and is in reply to an inquiry
from him, In which he asked:
has the President of the United States
any authority under the laws governing
civil service to demand the resignation Of a
civil service empioye in the classified list?
has the President the authority or power
10 cause the dismissal of any civil service
empioye without preferring charges in writ
ing and giving said employe an opportunity
In which to make a defense?"
PRESIDENT Proctor. in his reply, said:
The CommissiOn's Reply.
You are informed that it is contrary to
the practice OF the commission to under
take to answer hypothetical 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 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 well-known facts in
your case.
The object Of the rule requiring notice
and hearing was to prevent political re-
movals or removals upon secret charges.
No issue OF this kind is involved In your
case"
Mr.. PrOct0r'a Statement.
President Proctor also gave out the fol-
lowing statement bearing on the case:
The commission. has always held, as
shown in its thirteenth report, January /,
1887:
The civil service did not intend that
incompetent persons should be retained in
ofice. The authority OF removal and its
exercise for proper reasons are necessary
for the discipline and the efficiency Of the
public service. The power of removal is
not affected by the law or the rules, fur
ther than that they provide that removals
shall not be made for political or religious
reasons
Purposes of the Rule.
THE rule OF the President. July q, 1887.
requiring that person should only be re-
moved for just cause and upon reasons in
writing and after an opportunity for max
Auk answer, WaS ZOE tne purpose OF pre-
venting political or religious removals or
removals upon secret charges. but was in
no way intended to curtail the power Of re-
moval for Just cause. Under this rule, the
reasons for a removal are to be q matter
Of record. but It does not impair In the
slightest degree. the prompt exercise Of the
power Of discipline. In discussing this rule
in the fourteenth report Of the commits
sion, December 81. 1887. it is stated that II
the reasons are sufficient. the onicer will
not hesitate to make the removal It
cannot be asserted that Maclay'8 removal
was for political or religious reasons or
upon secret charges. as the reasons for the
departments action are well known, both
to Maclay and to the public"
AACLAY Is PERSISTENT.
New York. Dec. N.-Ddgar g. Maclay was
summartly discharged to-day. He went to
the navy yard as usual to-day and prepared
to resume his duties. Pay Director Put
nam went to his desk. read him the tele-
gram Qf dismissal received from Washing
ton. ail told him that he was dismissed.
Maclay left the yard Immediately. He said
that he would return at the usual time to-
morrow. prepared to 70 to work.