The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-12-26
MACLAY LOSES
HIS APPEAL.
Civil Service Commission
Unable to Aid Him.
THE LETTER OF PRESIDENT PR0CFER
Laborer-Historian's Dismissal Not
Contrary to Law or Rules-Re-
sort to Courts May be
Made, II Is Thought

John r Proctor. President Of the Civil
Service Commission, this m1rsing deIiv-
cred the coup de grace in TIE fight made
by Edgar 6. Aacisy to retain his posi-
tion in the general storekeeper's ofice of
| the Brooklyn Navy Yard II the mail
which went 10 the Office OF the Commits
SIGN this morning was a letter from Ma
clay. in which he states the circumstances
of his removal and asks two pointed
questions
What NseIsy Want to know
Hc wants 10 know if the President OF
| the United States. under the laws gov
erning the civil service. has the authority
and the power to demand the resignation
ef an employe OF the civil service in the
! lassifed list He also wants 10 know
| whether or not the President has the
/ power to demand the removal OF any civil
| service eraPloye without preferring
| charges in writing, and giving such en-
/ ploye al opportunity to defend himself
Mr.. Proctor answered both interroga-
! tories unsatisfactory 10 to the laborer-
historian. and tkas the last hope Of
/ Naclay to continue on the Government
| pay rolls was banishsS.
Hr. Proc3er's Reply.
In replying to Mr.. HacIay's letter,
President Proctor said:
Your separation from tie service, ae-
cording to the facts IN yyur .ase 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 demands for your resignation,
foilJwed by your removal. upon the di-
reetion Of the President. through the Sec
retary OF the Navy, Sas not IN vioIatio
OF the Civil Service act ard rules. in view
Of the weIi-known facts il your case.
THE object Of She rule requiring no
tice aad hearing vas % d event poIiti-
! cal removals or rerrStSIs upon secret
J charges No issue Of this End IS Involv-
81 in your case"
Statement TO ,Bt, EuE.3ic.
| President Proete.. IL addition gave cat
the following statement TO the press:
The Commission has always held, as
shown in its t2nteenti1 yeport, the Civil
Service act did Il7t jutezri tSet ineompe-
tent persons snc.sE * .,5led in Office.
The authority Q. = 3. r1lI-..-id its exercise
for prope-- -rce=erfs ere necessary for the
discipline ana @=s'', :sheze= the public
of removal is not
u the rules. further
vide that removals
political or reIig-
vice made July p
person should only
use AMI upon rea-
..,,Hg and an opportunity for
I making answer WIS for the P=rDose Of
preventing political or religious remov-
/ ais or removals upon secret charges, but
was in no way intended 20 euTtal ths
power Of removal for just cause
]. The Right of Discipline.
Under this rule the reasons for re
moval are to be a matter of record, bu
it does not impair in the slightest de
gree the prompt exercise Of the power 0
discipline. In discussing this rule in tn
i fourteenth report of the Commission. De
cember i. 1897, it is stated that if tn
reasons are sufficient the Officer viii no
hesitate TO make the removal.
1T cannot be asserted that Maclay's rs
| moval was for political or religious rea