The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-06-23
Civil Service Commits
SiOner Pleased With
Comment.
RULE REGARDING DISMISSAL
Adopted by the President as i Part OF
His Constitutional Executive Power.
Qualification Over the Number Of Re
cent ConveTts--A Unique Interview

Civil Service Commissioner William
Dudley Foulke was asked this morning
whether he could say anything IN regard
20 the discussion which is now ~ N
respecting the case Of Miss K,
Taylor. the clerk who vas rece
missed from the War DepaTtmr
Foulkc said:
Il car say nothing except
criticism made on this remo7a
cheering side Il is delightful
how many persons who neve.
cared for the competitive sys
now filled with eagerness for
foreeneat Of the civil service
whatever the foundation Of their
are only too happy TO welcome
friends
Mr. Foulke was asked if the
quirtng that reasons shall
whenever an employee is dismis
q part OF the civil service law
Not Prescribed by Civil Ser
This rule is not prescribed by
Il service law at all. The 2owe-
bitrary dismissal was Ieft absolutely in
tact by that law. and from 1888 70 1897
there were no limits whatever upon that
power In the latter year President Nc
Kinley passed 4 rule that Nc one should
be removed from the competitive CLASH
fed service except for just cause and
after reasons given in writing and an
opportunity fer TnPIy-"
Yves this rule passed in pursuance
Of any o. The provisions Of the civil
service aCt2
There is no provision which directly
authorizes this rule 1t was adopted by
the President as part of his constitu-
tfonaI executive power. and in pursuance
Of section 1853 OF the revised statutes,
rather than under the civil service law.
though I believe the order in question
recites all three.
Object of the Rule.
what was tire object in adopting this
ruler the Conn missioner was asked.
1T was adopted to correct an evil
which had Io1g existed-the custom OF
removals upor secret charges by IN
known accusers, without opportunity for
denial or explanation. These secret
charges were made as cover for mere
political removals, and President Nc
Kinley's order was intended TO do away
with this custom. It has, I think, sue
ceeded. for the system Of removals upon
secret charges. so far IS I know. no
LONGER exists
WAS any substantial change made in
the rule by the recent declaration OF
President Roosevelt on Hay g -
NO change sFhatever- The rule has
always been construed by the Commits
sion TO mean exa city what the President
declares Il to mean. Just cause in
the rule IS intended 10 mean any cause,
other than one merely political or re-
Iigious, which will promote the eff
cheney Of the service. and We have never
held that the rule required an exaTaina-
ton Of witnesses or any trial except in
the discretion OF the frsSceT making the
removal"
Not With Such References.
WAS this rule passed with reference
to the case Of Miss Taylor"
1T was not The Commission had
sent written recommendation to the
President. asking him TO make this dec
laration, more than two months ago. on
account OF the misconstruction which we
found had been frequently given 20 Pres
ideut McKinIgE's rule. The matter was
postponed Temporarily. but when some
other cases we're brought to our notice
we again called the Presidents attention
to the matter, The case of Miss Taylor
was neither spoken Of nor thought Of.
Moreover, the notice given 20 her by
the War Department recites the original
rule
Other Cases II History.
Are there any ether cases that have
come 20 your notice Of people who are
resisting removals under this ruler
oh, yes. Wherever there Is a par
ticulaTly bad case Of some ernpIoye who
has been violating his duty and wants
to stay IN, he mnediateiy sends his It
tOrney 10 the Commission and demands
all sorts OF things wants TO know
whether the civil service law means any
thing, and thinks II he can be dismissed
the destruction CT all free Institutions
IS at hand and that the whole c0mpeti-
tive system might as well be immediate
j. a5Togated. u IS pretty old story
end il is astonishing how eager such
men become Tor the integrity Of the
civil service law And the worse the
case is, the mcTe strenuous is the man
for the maintenance Of what he calls
his rights Ny own view o. the matter
Is that no man IN the public service has
any right 20 q place which must not
yield when It comes IN conflict with the
efficiency OF the service ITSELF
DO you think that many persons in
the public serv CO are unjustIy dis
rnissed2'-
Silent on Taylor Case.
on the contrary. l do net believe
that there Is one person dismissed who
ought to remain In. to where there are
q hundred who remain IN the service
who ought to be dismissed. The chiefs
Of departments bureaus and divisions
are very reluctant to turn cut their
subcrdinetes. even where they are con
scious that there : Just cause. for doing
So
What can you say in regard to the
merits Of Miss TayIor's case2'
so long as 1t IS possible that that
case may come before the Commission
! am not willing u say anything. [
merely want 10 congratulate :he civil
service upon the zeal o. these new re-
cruits, whose special mission X is to
see that the Law is so strictly and rig
Idly enforced. hut I would suggest that
perhaps a President who has long been
distinguished above other citizens Of this
ccuQtry for his earnest and consistent
advocacy Of the principles OF the civil
service law may really be trusted 20