Evening star., 1901-12-25

Secretary
Roosevelt yesterday in regard to the case
of Edgar 8. Maclay. skilled laborer in
the New York navy yard, and an order was
issued for his removal. The following cor
respondence on the subject was made pub
lie by Secretary Long last night:
Maclay's Letter.
NAVY YARD, N. Y,
"Ofice Of the General Storekeeper.
December 3d. 1901.
"Rear Admiral Albert s. Barker, U. S. N,
Commandant Navy Yard. N. Y.
"Sir: 1 have the honor of acknowledging
the receipt of your communication of this
date in which you forward the following
communication Of this date from the Hon
orable Secretary of the Navy:
~ am directed by the President to ask
Edgar S. Maclay, special laborer. general
storekeeper's Office, navy yard, N. Y, to
send in his resignation.
Il respectfully submit that I was regu-
larly appointed to my present position after
having duly passed a clerks examination
in accordance with all the requirements of
the civil service regulations and, therefore,
cannot be removed or be compelled to re-
sign without definite charges being made
against me and without having an opportu-
nifty to answer those charges. have been
in this office fifteen months, have been
promoted for efficiency and, SO far as
know, my work has been satisfactory to
1
regulations of this Office or Of the navy
yard, so far as I am aware. Such being
the case feel that it would not only be an
injustice to myself to resign under such ci--
precedent that vitality concerns Thousands
of civil service employees, both national and
state. Very respectfully yours,
EDGAR s. MACLAY."
Maclay's Dismissal Ordered.
Secretary Longs dispatch to Rear Ad-
miral Barker directing Maclay's removal
was as follows:
WASHINGTON, December "a.
ITO Rear Admiral A. s. Barker, U. s. N.
Commandant Navy Yard, N. Y.
by direction of President Edgar s. Ma
clay is discharged. Notify him. LONG"
AS shown, Secretary Longs action was
taken by direction Of the President and fol-
lowed conference between the President
and the Secretary, who took to the White
House with him the letter from Maclay in
response to the request for his resignation
sent by the Secretary last Saturday. In
this Maclay submitted that he could not
be removed or be compelled to resign with
out definite charges being made against him
and without having an opportunity to an
swer those charges. Although the civil SER
vice rules give employees of the public SER
vice the opportunity Of answering charges
that may be preferred against them 1t Is
explained that the President exercised his
directed Maclay's removal it being held
that the latter was aware unofficially, If
not officially. of the reasons which actuated
the executive In taking the course deter
mined upon.
Secretary Long said the action taken yes
terday would dispose Of the case finally.
Will Fight Against Removal.
From the New York Herald today
Edgar S. Maclay, at his residence. No.
a lvn Ia CT iph
said he had already been informed Of the
radical action ordered by the President,
and. in addition to repressng his surprise
thereat, declared his intention Of resisting
it's execution, propided>he was given sup
port by the civif service commission, to
which he had appealed. II the position he
has assumed is declared legitimate, Mr..
Maciay intends to carry his case to the
courts.
While ]. had expected some such move. -
said Mr. Maclay, II was under the impress
| sion that the final decision would be post
poned until after the holidays. However,
the matter might as well be brought to a
head now as later, as it Is my firm intention
to have established once for all the lini-
tations OF the natiyial civil service laws.
case" continued Mr.. Maciay, II am of the
opinion that the President has exceeded his
authority In unceremoniously ordering the
discharge OF civil service emp.oye against
Wuoiii iio SHdiSCo nave Detu pEcicIT6u, anu
who was not even permitted an opportunity
to be heard.
II have no desire to pose as a martyr,
but on the other hand, do not propose to
see my rights trampled upon. The Pres.-
dents action creates dangerous precedent
-one that threatens the vitality and useful
ness of our civil service. 1t is this that has
actuated me In my course.
Immediately upon receipt Of Secretary
Longs order. which he was directed to send
by Mr.. Roosevelt, ] wrote to the national
civil service commission In Washington.
stating the facts in my case and asking
whether the Chief Executives action was
corisonant with the laws
Upon the commisslun's rcp.y depends my
future movements. shonid It be unfavora-