Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-06-04
THE LAW CONSTRUED
PRESIDENTS DECLARATION AS
TO A CIVIL SERVICE RULE.
Unfit Employees in the Government
Service Not Protected in Their
Positions

President Roosevelt has announced a con-
struction of the civil service law In relation
to removals for Just cause, which is in
tended to refute the charge that unfit en-
ployes are protected in their positions by
the civil service commission. His decision
is that the term Just cause is used in the
civil service rules, indicates any cause,
other than one merely political or religious,
which Will promote the efficiency of the ser
vice and that nothing in the rules shall be
construed to require the examination Of
witnesses or any trial or hearing except in
the discretion of the officer making the re-
moval. The civil service commission has
made a similar Interpretation.
Text of the Declaration.
The text of the Presidents declaration
follows:
June g. 1902
THE President has issued the following
rule II of the civil service rules, respecting
the procedure in removals:
Declaration of the meaning of section s,
rule H. of the civil service rules:
whereas certain misunderstanding have
existed in regard to the proper construction
of section of civil service rule II, which
provides as follows:
No removal shall be made from the
competitive classified service except for
just cause and for reasons given in writing:
and the person sought to be removed shall
have notice and be furnished a copy of
such reasons. and be allowed a reasonable
time for personally answering the same in
writing. Copy of such reasons notice and
answer. and of the order of removal shall
be made a part of the records of the
proper department or office; and the rea
sons for any change in rank or compensa-
ton within the competitive classified SER
no ri nf he
ords of the proper department or office
Now, for the purpose of preventing all
such misunderstanding and improper con-
Struction of said section It Is hereby de-
clared that the term just cause as used
in section s. civil service rule II, is intended
to mean any cause. other than one merely
political or religious, which will promote
the efficiency of the service; and nothing
require the examination of witnesses or any
trial or hearing except in the discretion of
the officer making the removal.
tSfgned) THEODORE ROOSEVELT"
White House.
Approved May %. 1902
The Commissions Position.
In the thirteenth annual report of the
civil service commission it was held that:
The civil service act did not intend that
incompetent persons should be retained In
the service The authority of removal and
sary for the discipline and the efficiency of
the public service,
In the fourteenth report. for 1897, SUISSE
Quent to the amendment of the rule requir-
ing charges and a hearing before removal,
the commission said, referring to the
amendment:
This rule does not require that there
shall be trial of the charges preferred,
subject to review by court but that the
accusation shall be just and that the ac-
cused shall have full opportunity of ex-
PLANTATION. The reasons for removal are to
be a matter of record, thus requiring the
officer exercising the power of removal to
weigh the reasons with conscientious care
While not impairing the prompt exercise
OF the power of discipline this amendment
guards the service against abuse. lessons
the temptation to make improper removals
and affords a just degree of protection to
the employe and a greater security of per-
manence in Office during good behavior.
If the reasons are sufficient the officer will
not hesitate to make the removal
Soon after the rule was made. in 1897
several cases We're instituted in the courts
alleging that these provisions had not been
observed. 1t was feared by some officials
that resort to the courts under this rule
might prove an embarrassment to the ser
vice. but this fear was promptly dispelled
as the courts uniformly declined to take
cognizance of its provisions and held that
punishment for its violation rested solely
with the President, on the ground that this
rule was not one of those which derive
Unfit Men Not Protected
The declaration of the President is ex-
pected to put an end to the complaint that
unfit men are 'protected' by the civil ser
vice rules. On the contrary no person has
any right to a review of the action of the
head of a department by the courts. The
exercise of the power of removal for I'M
htness is discretionary with the appointing
officers, The civil service commission has
no authorlty 10 examine into the validity or
suff1ciency OF the causes alleged in re-
moVai unless 1t is charged. with offer of
proof, that the removal was made not for
me cause charged, but in fact for political
charged with the supervision of employees
nave a duty to turn out all whom they find
UNIT and they cannot shield themselves
under an excuse that the civil service rules
protect incompetent or unworthy en-
ployes The idea that appointment to the
CLASSIFIED service insures a life tenure Is
without foundation.