Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-21
WRIT OF MANDAMUS
Rebecca Taylor's Petition
Acted on by Judge Hagnor.
Y.
Mp R00T MnOT hKJoMpp
MR.. ROOT MUST ANSWER
SHE CLAIMS SHE WAS UNJUSTL1
DISMISSED THE SERVICE.
Her Attorneys State That the Civil
Service Rules Were Violated-Her
Formal Statement.

justice Hagner, In a case wherein Rebec-
ca j. Taylor Is plaintiff and Elhu Root,
Secretary OF War. is defendant. today is
sued rule ordering the defendant to show
cause why peremptory writ of mandamus
shouio not be issued requiring him to re-
store the petitioner to the position she
formerly held in the War Department, and
from which she alleges she was unustly
dismissed in June Of this year.
The Secretary of War is cited to make
answer to the petition of Miss Tavlor on ar
oeiore the 18th day Of July, providing he is
served with process on or before July a
Mr.. frederick L. Siddons and Mr.. Adolph
". Won are named as counsel for petition
or. w nile Mr. Siddons is secretary and Mr.
Wolr is treasurer of the local Civil Service
Reform Association, yet they state that
they are representing Miss Taylor purely
IN the nature of counsel and not as repre-
sentatlves OF either the local Civil Service
Reform Association or of the National CiviI
service Reform League and that these or
carnations have nothing to do with the
matter. INV
Incident of Her Dismissal.
me incident Of Miss Taylor's dismissal
from the War Department a little over a
month ago, attracted unusual attention at
the time. and it was predicted that when
sne mad exhausted other means to secure
reinstatement to her position, she would
PROBABLY, as last means, resort to the
courts to secure the rights claimed It is
evident, therefore, that all other means
have proved unavailing, and this suit Is the
outcome Of the matter
In her petition Miss Taylor reviews the
causes leading to the suit, and cites the
provisions under which she held her Mace
and also the various civil service rules re-
iating to the case. The petitioner states
mat she was appointed as a clerk in the
war department on the temporary roll in
January, 1917 and was later transferred
10 the competitive classified civil service
She AYERS that the reason for her dis
charge was because she held political opIn-
IONS ana views differing from those of the
u I,e ana expressed them in the pub
nc press, making especial reference to her
letter headed The Flag Shall Stay Put"
Miss Taylor's Statement.
In statement to the press made by Miss
Iaylor today. after her application for a
writ of mandamus against the Secretary of
w ar had been filed she said:
Feeling that l had been most uniustI,,
and unlawfully removed from NV position
IN the War Department 1 brought the suit
that was filed today 1t is too plain for
discussion that the civil service rules were
entirely ignored in the case of NV at
tempted removal. If the rules are really
designed to protect persons employed in the
civil service sucn violation of them as took
place In my case should not be permitted
TO pass unchallenged. If the rules in Ques-
ton have not the force of law can be jg-
nored or observed at the will and pleasure
Of every appointing officer the sooner the
country knows 1t and directs the correction
by legislative authority Of such a state of
affairs the better.
But above and beyond the violation of
the civil service law and rules feel most
deeply that my freedom of speech has been
abridged In the truest sense of the word.
L felt and feel very strongly on certain
political policies of the present administra-
ton, and believing that had an undoubted
right to express myself on them publicly
did 80. For so doing the Secretary of War
attempted to deprive me of my office.
Against his action L have continuously and
solemnly protested, and in the application
made today 1 hope to have my right to
freedom of speech, guaranteed by the Con-
stitution, INDICATED.
1T cannot be possible that officials such
as one Of the civil service commissioners.
| may be permitted to make public addresses
in advocacy Of the so-called Philippine
policy and an humber employee of the SER
vice like myself denied the right of pub
licly opposing that same policy. If these
distinctions are to be permitted then Is 1t
not clear that an administration may prac-
tically use the whole force Of civil service
employees to strengthen its position Of
power either by converting them into active
opponents and supporters Of its policies or
them who Is opposed to its policies? Surely
It never was intended that a person in en-
tering the government service of the United
States should surrender his rights as citi-
zen, among them the right Of holding and
expressing political and religious opinions
Secretary Root Legally Summoned.
The deputy marshal of the Supreme Court
Of the District appeared at the War De-
partment this afternoon and legally sum-
| moned Secretary Root to appear before that
court on the oath instant. to answer the APP
plication of Miss Rebecca J. Taylor for a
| mandamus to compel him to reinstate her
as clerk in the War Department, from
which position, it is alleged in her brief, she
was improperly removed without due pro-
cess of law. Inasmuch as Secretary Root
has arranged to sail from New York on the
24th he will not be able to respond in per-
son to this summons. but 1t Is expected
that he will be properly represented at the
hearing by an officer of the Department of