The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-12-27
WALKED The PLANK
NAVY DEPARTMENTS ALLEGED
HISTORIAN IS sUMMARnY
DISMISSED p
PERSISTS IN HIS PRoTEsTATIoN
President of the Civil Service Com
mission Says the President
Most Certainly Has Dis
ciplinary Power.

WASHINGTON, Dec 26.-The civil
service commission today notified Edgar
S. Maclay, the historian recently employ
ed in the Brooklyn navy yard, that his
removal from his position at that point
was not in violation of the civil service
act"
This notification is contained in a 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:
''Office. of the General Storekeeper,
Navy Yard, New York, Dec. "a, 19O1.-Hon.
John II. Proctor, President Civil Service
Commission: Sir-On Dec. %, yesterday,
I received the following communication
from the secretary of the navy:
:" Sir: I am directed by the president
to ask Edgar S. Maclay; special laborer,
general storekeepers Office, navy yard,
New York, to send in his resignation.
(SigneO John D.. Long, Secretary
This communication was addressed to
the commandant of this navy yard, and
was duly forwarded to me. I desire to
get an authoritative opinion from the civil
service commission on the following
points: ~
81. Has the president <of the United
States any authority under the laws gov
erning the civil service to demand the
resignation of civil service employe of
the classified list.
''2. Has the president of the United
States authority or power to cause the
dismissal of any civil service employee,
without presenting charges in writing,
and giving said employee an opportunity in
which to make a defense? Very re-
specially yours, Is
Edgar S. Maclay''
I. IL Il ;ol,
President Has Full Power.
Dec. 26, 19O1.-Mr. Edgar, S. Maclay,
Office of the General Storekeeper Navy
Yard, New York: Sir-The commission
is in receipt of your letter of Dec. "a,
1901, asking its opinion on the following
questions:
g Has the president of the United
States any authority under the laws gov
erning civil service to demand the resig-
nation of civil service employee In the
classified list?
g Has the president of the United
States the authority or power to cause
the dismissal of any civil service en-
ploye without preferring charges in writ
ing, and giving said employee an oppor-
tunity in which to make defense?'
'tIn response, you are informed that 1t
is contrary to the practice Of the COM
mission to undertake to answer hypothet-
ical 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 secre-
tary 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 we'll known facts
in your case. The object of the rule re-
curing notice and a hearing was to pre-
vent political removals or removals upon
secret charges. No issue of this kind
is involved in your case Very respectfully,
John r. Proctor, President"
A Question of Discipline.
President Proctor. of the civil service
commission, also gave out the following
statement bearing upon the case:
THE commission has always held, as
shown in its thirteenth report, Jan. l,
1897: The civil service act did not in
tend that incompetent persons should be
retained in Office. The power of remov-
al and its exercise for proper reasons are
necessary for the discipline ana the eff
CLERGY Ct. the public erv'ce The power
oe rem oval is not affected by the law or
the rules further THAI they provide that
the removals shall not be made for polit-
zeal or religious reasons "a
1.-The rule of the president July u,
1897, requiring that persoa should only
be removed for just cause and upon rea-
sons in writing and after an opportunity
for making answer was foT the purpose
of preventing political or religious re-
movals, or removals upon secret charges;
but was in no way intended to curtan the
power Of removal for Just cause. Under
to be matter for record, but 1t does
not impair in the slightest degree the
prompt exercise of theg power of disci-
pine. In discussing this rule in the four
teenth report of the commission, Dec. q,
1897, it states that if the. reasons are
sufficient the officer will not hesitate to