Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-09-26
ENTERS A DEMURRER
Miss R. j. Taylor's Answer
to Secretary Root.
THE POINTS j. OF LAW
PROCEEDINGS ON APPLICATION
FOR WRIT OF MANDAMUs.
The Petitioner Seeks Restoration to a
Position From Which She
Was Dismissed.

Miss Rebecca J. Taylor, who was dis
Department for publishing criticisms I'M
favorable to the administrations policy in
the Philippines. and who petitioned the SUI
preme Court Of the District of Columbia
Tor writ Of mandamus to compel the Secre-
tary OF War to restore her to duty, today
nled demurrer to the answer to her petit
ZION, Which Secretary Root recently placed
on record. She asserts that the Secretary's
answer Is bad in substance.
Among the points Of law intended to be
argued at the hearing upon the demurrer,
SO explains Miss Taylor, through her at
torneys, Messrs F. L. Siddons and Adolph
q. Wolf, are the following:
The civil service rules promulgated by
the President Of the United States. and
more particularly sections and of rule 2,
have the force Of law and were and are
oinoing upon the respondent.
mat the respondent has attempted to re-
move the petitioner from the competitive
classlned civil service of the United States
without warrant or authority of law.
mat the respondent attempted to re-
just cause
mat the respondent has attempted to re-
move the petitioner from the service with
out furnishing her with copy of the rea-
~ AVA SuSu attempted removal
Alleged Violation Of Law.
mat 1t appears by the answer of the
respondent that the attempted removal of
the petitioner from the service was because
OF her political opinions, in violation of
section 3 Of rule of the civil service rules.
mat the civil service rules are not
merely administrative directions or instruc-
eions from the President to the respondent
t., 49,
states government by virtue of his appoint
ment but that they had and have full eff
fecd binding force and virtue in law
mat the respondent, as Secretary of
'" dr, or any other head of an executive de-
partment of the government of the United
st.Ites mas no constitutional right of remov-
ing subordinates In violation of the laws of
congress or of rules promulgated by the
PRESIDENT Hereunder or otherwise
That the power of appointment and re-
moval of the respondent as Secretary Of
war or of any head of an executive de-
partment Is regulated and limited by the
laws OF Congress and the rules promulgated
by the President Hereunder.
That subordinate officer or employe
OF the United States government appointed
TO office by virtue Of the Constitution and
the laws of Congress made hereunder has
a vested right to such office until removed
by the proper authorities acting within the
scope of their powers, and such a right is
cognizable and may be enforced by a court
of law.
THAT the reasons for the attempted re-
moval OF the petitioner assigned by the re-
spondent, did not constitute the Just cause
contemplated by section s of civil service
rule 2.
Not Regarded as Just
''That the writing by the petitioner of
the letter of May II, 1902 did not consti-
tute a reason or just cause for the removal
of the petitioner from her office.
THAT none of the letters, orders or writ
ings of the respondent or his agents or sub
ordnates transmitted to the petitioner can
be construed a copy of charges or rea-
sons for removal as contemplated and re-
quired by section of civil service rule 2.
THAT the petitioners letter of May
- 1902. the public expression
or her political opinions upon GER
tain political views and policy of the Pres
ident of the United States, the freedom to
express which is guaranteed to her by the
Constitution of the United States; and such
public expression of her political opinions
is also protected by section 3 of civil serv-
ice rule 2, and does not constitute the Just
cause for removal from her office contem-
plated by section of civil service rule 2.
Alleges Right to Position.
THAT the petitioner has, by the facts set
out in her petition, and admitted by the
respondent in his answer thereto, shown a
right to her position as a clerk In the COM
States, and that this court should, by a
'That none of the matters Set out in the
answer Of the respondent should or ought
to prevent the petitioner from obtaining
the relief sought by her In her petition"
1t is understood that counsel will en-
deavor to secure hearing on the demurrer
at ry date,