Evening star., 1902-03-18
HISTORY OF THE CASE
REPORT ON CONTROVERSY OVER
CENSUS BUREAU CLERKS.
Action Taken on the Matter by House
Committee and President
Detailed.

The report on the bill recently reported
| from the House special committee on CEN
| sus to include employees of that bureau into
the classified service has just been made by
| acting chairman Heatwole of that commit
| tee. The report gives a concise history of
| the whole case, and in that respect is very
| interesting. 1t says:
| The select committee on the census. hav-
Ing had under consideration House joint
resolution No. 1854 and House concurrent
resolution No 49, begs leave to report back
said resolutions with the recommendation
that they lie on the table. and submit here
with substitute bill therefor Oh. R. 1860
and recommend that said substitute pass.
Action Of House.
"The question Of the classification Of the
employees OF the census office under the
civil service act approved January Is, 1888.
dates back to January 10, 1902 lsee Congress
+, sional Record. p. 563). when the House
adopted a resolution instructing the select
committee on the census as follows:
" That the bill III. X. 1857 creating a
permanent census be recommitted to the Sc
lect committee on census with instructions
to prepare and report back as a substitute
therefor a bill providing for detailed or
ganfzatfon of permanent census bureau.
and with provision therein to place the
present employees within the classified SER
vice.
Action of Committee.
''The select committee on the census. in
compliance with the instructions of the
House, reported back House bill No. 1O3OS
as substitute for House bill No. 1913 (see
Report 262). The substitute bill (No. 103OS)
agreed to by the House January 3O 1902,
contained the following section in regard to
in ha fx1-o1 h
sus to the classified service:
Ihat all employees of the twelfth CEN
sus office at the date of the passage of this
act above the grade Of skilled Iaborer shall
be. and they are hereby placed under the
provisions Of the civil service act approved
January 16. 1888, and the amendments
thereto. and the rules established there
under, and all appointments in the
census office hereby created shall be made
In accordance with the requirements of
the civil service act above referred to-
Senate's Action.
1.-The Senate amended this section CNo -
| so as to read as follows:
That all employees Of the twelfth CEN
sus at the date Of the passage of this act
| above the grade of skilled laborer, except
unskilled laborers, holding positions which
are classified in other departments of the
government shall be. and they are hereby,
placed without further examination under
proved January 16, 1883, and the amend
| ments thereto, and the rules established
hereunder, and persons who have served
| as soldiers in any war in which the Unit I'd
States may have been engaged, and the
widows of soldiers, shall have preference
| In the matter Of certification; and all new
appointments to the clerical force in the
census Office hereby created shall be made
in accordance with the requirements of the
civil service act above referred to-
Result of Conference
''The bill as amended by the Senate went
| to conference, and the conferees. after a
thorough and careful consideration of the
whole matter, thought it wise to substi-
| tute new section, which is contained in
the act approved March g. 1902, and reads
| as follows:
," That all employees Of the census Office,
| at the date Of the passage of this act, ex-
| cept unskilled laborers, may be appointed
| proval Of the head of the department to
which said census office Is attached, and
| when So appointed shall be, and they are
| hereby, placed. without further eNami-
civil service act. approved January 16
1883. and the amendments thereunto and
| the rules established hereunder; and per-
sons who have served as soldiers in any
war in which the United States may have
| been engaged. who have been honorabIy
discharged from the service of the United
States, and the widows of such soldiers
shall have preference in the matter of
employment; and all new appointments to
the permanent clerical force in the census
Office hereby created shall be made in ac-
cordance with the requirements of the
civil service act above referred to.
Statement Of Conferees.
THE statement Of the conferees fled with
the report, in accordance with the rules Of
the House, on this subject reads as fol-
lows:
" Section Of the proposed bill provides
for the appointment of the present en-
ployes Of the census Office by the director
of the census, with the approval of the
head Of the department to which said office
is attached. The conferees examined a
number Of decisions of the Supreme Court
of the United States, and found that the
chief officer OF a bureau attached to an
executive department Is not the head Of
a department. within the meaning of arti-
Gle 2, section 2, Of the Constitution so as to
authorize Congress to vest in him the
power of appointment. Omitted States VS..
Ge rmaine. 80 U. s., 5OS)
1T Is proper, however, to provide the
chiefs Of bureaus shall make the appoint
ments with the approval of the head Of the
executive department. Omitted States agt
Hartwell, Wallace. 1857 It is believed
that the section submitted by the con-
ferees will effect the wishes of the mem
bers of the House.
''It will be noted that the reason given
by the conferees for the change made in
the language Of section is that it is not
within the province of Congress to vest
the power of appointment in chiefs Of
bureaus: that such appointments. under
the decisions of the Supreme Court. must
| be made by the heads of departments.
while this may be true it is respect
fully submitted that the power Of appoint
| ment and the creation of a status which
makes a person eligible for appointment
are clearly different legal propositions. It
must be conceded that the census employees,
If they are placed in the classified service
| under the provisions Of the civil service act,
In order to secure transfer or appointment
to other branches of the departmental SER
vice, must obtain the same through the
heads Of the departments.
1.-THE members Of the committee who join
in this report are firmly Of the opinion that
Congress has the power to amend the civil
service law SO as to embody the employees
of the census Office within the classified
service, and thus make them eligible for
transfer or appointment.
Effect Of Substitute.
mo one seeks to override the constitu-
tional provisions on the subject of the
power Of appointment. The effect of the
substitute proposed by your committee is
simply to make the census employees who