Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1901-12-30
AL REVOIR, MACLAYI
HIS GONE
TOLD THE ACT OF PRESIDENT IN
FIRING HIM sUPERcEDEs
ALL AUTHORITY.

WAOt1lNGTON, Dec. So.-Ine Civil ser
vice commission today notified Edgar 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 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
Is as follows:
"Ofice of General Inspector, Navy Yard,
New York, Dec. A.-Hon. John r. Proc
tor, President Civil Service Commission
Dear Sir-On December % 1 received the
following communication from the secre-
tary of the,navy;
.'Sir-I am directed by the president TO
eFal storekeepers office, navy yard. New
York, to send in his resignation.
"'(Signed) -,. JOHN d. LONG,
Secretary Of the Navy
This was addressed to the, comman-
dant of this navy yard and was duly for
warded to me. / desire to get an authori-
tative opinion from the civil service COM
mission of the following points:
''1-Has the president of the United
States any authority under the laws gov
erning civil service to demand the resignn-
ton of a civil service employe in the class
flied list?
''2-Has the president authority or pow
er to cause the dismissal OF any civil ser
vice employe without preference in
charges in writing and giving such en-
ploye an opportunity in which to make
defense. Respectfully yours,
EDGAR s. MACLAY."
s To this the commission replied as fol-
lows:
December 2s, 19O1.-Mr. Edgar 8. Mac
lay. Office of the Storekeeper, Navy Yard,
New York.-Sir: The commission is in re-
81 yofYr 1affar Of neQdn1bnF "a. 1901.
asking its opinion upon the following
questions:
Has the president of the United States
any authority under the laws governing
civil service to demand the resignation or
a civil service employe in the CLASSIFIED
list? ,l,
Has the president the authority or the
power to cause the dismissal Of any civil
service employee without preferrng
charges in writing and giving said en-
ploye an opportunity in which to make
a defense?''
I'm response you are informed that 1t
Is contrary to the practice OF the COM
mission to undertake to exercise hypo-
thetical questions. Your separation from
the service. according to the facts in
your case, as they appear in the public
press. was made on the order Of the sec
rotary OF the navy. in whom the power OF
removal rests. The demand for your res
Il LOAAOWCn OJ yOuA ANAI0Nr1AS AROA
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. Very respectfully,
JOHN S. PROCTOR, President"
President Proctor, Of the civil service
commission also gave out thet following
statement bearing upon the case: tH
THE commission has always held as
shown in it's thirteenth report, January
1, 1887.
retained in office The authority OF reno
val and It's exercise for proper reasons are
necessary for the discipline and efficiency
of the public service. The power of re-
moval is not affected by the law or the
rules. further than they provide that re-
movals shall not be made for political or
religious reasons
THE rule of the president, July o. 1897,
requiring that a person should only be
removed for just cause and upon reasons
in writing and after an opportunity for
making answer was for the purpose OF
preventing political or religious removals
or removals upon secret charges, but was
in no way intended to curtau the power
of removal for Just cause Under this
rule the reasons for the removal are to be
a matter of record but 1t does not impair
in the slightest degree the prompt exer-
else OF the power of discipline. In dis
cussing this rule in the fourteenth re-
port of the commission December 81 1897,
1T is stated that IL the reasons are suffi-
cient the officer will not hesitate to make
the removal. ,s-rr- ..s Obj. .el -r.
~
moYal was for political or religious rea-
sons or upon secret charges. as the rea-
sons for the departments action are well
known both to Maclay and to the public"