Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-12-26
IAE ElAN NOT VIOLATED
Maclay Notified That His Re.
moval Does Not Violate Civil
Service Law.
Reply Of the Commission to
Letter From Maclay Asking
for Opinion.
Maclay Refused to Tender His
Resignation and Was Sum.
marily Dismissed.


moval from the position at that point
was not In violation of the civil service
act. This notification was contained IN
! letter written to Maclay by President
proctv,uf the commission, and Is in re-
Iplx- 70 an inquiry from him as to whetn-
er the president had authority, under
the civil service laws, to demand MS
resignation.
Maclay's letter was as follows:
..New York, Dec. 24.-Hon. John T..
Proctor, President Of the Civil SERVES
Comu,ission-Sir On Dec. % received
the Following communication from the
secretary Of the navy: Sir: l am d1recl-
cd by fhe president to ask Edgar ..
Maclay. special laborer, general store
keeper,s Office, navy yard. New YORK,
to send in his resignation. ms com
munit,ation was addressed to the COM
mandant Of this navy yard ana was
duly forwarded to me. desire TO get
an authoritative opinion from the ciVii
oeryise commission on the foiioWins
points: Has the president any authority
unde. the laws governing civil service
to demand the resignation OF Civil SER
Vice t.npioye in the classified list? Has
che president authority or power 10
cause, the dismissal Of any civil service
employe without preferring charges IN
writing and giving said employe an op-
portunity in which to make defense!
Respectfully yours.
EDGAR g.. MACLAY.
4 10 this the commission repliedc
ssSir: The commission Is in receipt OF
your letter OF Dec. "a. In response, you
are informed that it is contrary to the
uractice OF the commission to undertake
to answer Hypothetical questions. Your
separation from the Service, according
to the facts in your case, as they ap-
peared 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 direction
OF the president, thru 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
npptaring was to prevent political re-
niovRls 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:
1.-THE commission has always held. as
shown in its thirteenth report. Jan. l.,
1880. that the civil service act did not in
tend that incompetent persons should be
retained In Office. The authority Of re-
moval and its exercise for proper rea-
IONS are necessaryifor the discipline and
ef1ciency Of the public service. The
power OF removal is not affected by the
law or the rules. further than that they
provide that removals shall not be made
Tor political or religious reasons. The
rule Of the president, July q, 1897, re-
curing that a person should only be re-
moved for just cause and upon reasons
In writing and after an opportunity for
making answer. was for the purpose of
preventing political or religious rsmov-
ale, or removals upon secret charges,
hut was In no way intended to curtall
the power OF removal for just cause.
Under this rule the reasons for re-
anoval are to be matter Of record but
It does not impair in the slightest degree
the prompt exercise Of the power Of dis
cipline. In discussing this rule In the
fourteenth report Of the commission.
Dec. 8, 1897. 1t Is stated that IL reasons
are sufhcient the officer will not hesi-
tate to make the removal. 1t can not be
asserted that Maclay's removal was for
political or religious reasons or upon se.
cret charges, as the reasons for the de-
lpartment's action are well known,
both to Maclay and to the public
Washington, Dec. 26-Edgar S. Mac
lay refused to tender his resignation of
his position as special laborer in the
New York navy yard and was dis
missed
lieutenant General Nelson A. Miles,
commanding the army, returned to
Washington yesterday afternoon from
New York, and the specific announce
ment is made that he will take no ac-
tion to relieve his record Of the stigma
placed upon 1t by the rebuke adminis-
tered by the president and secretary of
war.
With these developments the admin
istration hopes the Schley controversy
Secretary Long decided at the cabinet
uaCSliA6 iiul " TAKE dCllOIp III IuS cases
OF the three retired rear admfrais to
whom are attributed interviews in con-
nection with the findings of the court of
inquiry. To censure them would be to
revive interest In a controversy which
they think Is better dead
Tho Mr.. Maclay had forecasted, his
purpose not to resign, his refusal to do
SO created surprise In official circles
This is the text of Mr.. Maclay'e let
ter:
Navy Yard, New York, Office of the
General Storekeeper Dec. %. Rear ADJ
rntral Albert s. Barker, U. s. NJ, Com
nlandant, Navy Yard. New York. Sir
have the honor to acknowledge the re-
ceipt OF your communication of this
day, In which you forward the follow
ing communication from the secretary
Of the navy:
''.I am directed by the president to
ask Edgar S. Maclay. special laborer,
general storekeeper's office, navy yard,
New York. to send in his resignation" .
y respectfully submit that, I was reg