The Washington times., 1902-08-10
District Attorney Pre-
sents Secretary of
Wars Reply.
OFFICIAL HAD FULL POWER
Claim Made That Any Action Other
Than That Taken Would Be to Deny
President Roosevelt the Rights Guar
anteed Him Under the Constitution.

| dutGCu 1llIl OuScI tHc NOuStitutiOhs
| The answer OF the Secretary of War to
The petition of Miss Rebecca J. Taylor.
asking for writ OF mandamus to COM
pei him to reinstate her in position in
the War Department, from which she
was dismissed because of her alleged
criticism Of the policy of the President
in the Philippine Islands, was filed yes
terday in the Supreme Court OF the
District
The matter was referred to Ashley M.
| Could, United States Attorney for the
! District b. the Attorney General. and
ii was he who filed the answer for. the
Government. IL the absence of the Sec
retary OF War from the city the answer
was signed by Acting Secretary John c.
Scoficld.
1t sets forth that Miss Taylor was ap-
pointed to clerksh;p in the War De-
partment in January. 1900, and was re-
tained as such until June I. when she
was dismissed for cause and with au-
thurity. 1t is stated that under the act
of Congress of April 25 last Miss Tay-
lor was transferred to the classified
civil service of the United States and
became subject 10 all acts and rules and
regulations in force and governing the
classified service.
Acted Within the Law. /
1t is set forth that the Secretary Of
War in removing Miss Taylor from Of
fee on June I, acted under the law and
rules promulgated by the President. Civ
ing him authority TO do SO. And the an
swer further states that such orders Of
the President. directions, or instructions
were not intended. and II so intended.
could not have the effect to restrain or
restrict, inoany Wise the constitutional
right and power-of the Secretary. as the
head OF department of the Government,
to appoint and to remove such inferior
officers in his department as, are pro-
vided by the Congress OF the United
States; nor do such orders, directions.
and instructions have force and effect or
virtue TO vest in any employe any righ.
cognizable in a court of law in the en-
forcement Of or obedience to such in
structions. or to make the head of the
department answerable to the judicial
power for any supposed violation. disre-
gard, evasion. 7,or dtsobediencc of the
same; but for all violations. disregard. ]
evasion. or disobedience thereof the
head OF each executive department is an
swerable only 20 the President, in whom
the executive power Is vested by the
Constitution.
Article Signed 'R. J. T."
1t is also stated that when the Secre-
tary of War was informed OF the publi- |
cation of the article signed ''R. J. t."
written by Miss Taylor which contained
the derogatory and disrespectful state |
ments concerning the President in his |
relation as Commander-inC Chief of the |!
American army in the Philippines, he
called upon her to answer whether or
not she was the author of 1t.
Accompanying the request Of the Sec
retary of War was copy OF the article
10 which exception was taken. Three
days afterward Miss Taylor returned the
communication and admitted that she
was the author of the article. In her
answer, it is stated. she did not offer
any excuse or justification for writing
and having the article published.
In fact. to a great extent. she ignored
the notice sent her by the Secretary of
War and said: THAT IL the proper au.
thorities will submit notice in writing
in compliance with section s. civil SER
vice rule No. g. she would be glad to
consider the privilege Of answering in
writing"
After this correspondence. on June 6.
the Secretary of War caused the follow
ing order OF removal from office to be
sent Miss Taylor:
Order Of Removal.
After full opportunity for explana-
tion, Miss Taylor is removed for writing
and publishing the letter appearing in a
local paper. May IL, 1902. under the
heading. The Flag Shall Stay Put sub
scribed by her name On the day fol-
lowing Miss Taylor was informed OF her
removal from Office by the chief clerk.
miSs lay lOI LetteI.
On June 10 Miss Taylor wrote the Sec
retary of War the following letter:
' Hon. Elihu Root, Secretary of War.
Sir: Referring to your arbitrary ex-
ercise of unconstitutional authority as
seen in your imperial decree OF the 7th
day OF June. 1902. purporting to be my
dismissal from the continuance of GER
tain duties as an employe in the clas-
sifed civil service in the Department of
War. you are hereby notified that I now
demand reinstatement to my position in
said service
If within three days | shall not have
received from you. directly or through
an authorized subordinate. notice of my ,
reinstatement as demanded. will pro- I
,ecd to take such legal action in the
premises as | may be advised herein. 9
Respectfully. :
"REBECCA J. TAYLOR"
The request for reinstatement was re-
used. and thereafter she filed petit
Ion for a writ of mandamus asking the
,ourt TO compel the Secretary of War
o issue an order OF reinstatement.
In her petition Miss Taylor contended
nat as she was employed in the cIassi-
led service of the civil service she