The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1902-01-03
MACLAY COMPELLED
TO QUIT ny JOB
Appeals to the Civil Service.
Commission, but Is
Turned Down.
LAW is NOT VIOLATED
Is Informed That the President Is
Acting Within His Power In Re-
moving Him SummariIy-May
Keep Up Fight.

Washington, Dec. 2s.-The civil SER
vice commission today notified Edgar
S. Maclay, the historian recently en-
ployed in the Brooklyn navy yard. that
his removed from his position at that
point was not in violation of the civil
service act. This notification Was con-
tanned in a letter written to Maclay by
President Proctor Of the commission
and is in reply to an inquiry from him
as to whether the president had au-
thority under the civil service laws to
demand his resignation. Maclay's let
ter was as follows: 4
New York, Dec. 2.-Hon John r. Proc
tor, President Civil Service Commission
Sir: On December 23 I received the fol-,
lowing communication from the secretary
Sir: l am directed by the president to
ask Edgar s. Maclay, special laborer in
the general storekeeper's office, navy
ton" Ne" 'ofA' - se'0 - IS i'S'e :
This communication was addressed to.
the c~ommandant of this navy yard and
was duly forwarded to me. 1 desire to
get an authoritative opinion from the civil
service commission on the following
points: Has the president any authority
to demand the resignation of a civil serV-
ice employe in the classified list? Has
the president authority or power to cause
without pTeferring charges In writing and
| Which to make a defense? Very respect
fully yours, Edgar S. Maclay.
Commissions Reply.
To this the commission replied:
Sir: The commission is in receipt Of
your letter of December "a. In response,
you are Informed that it Is contrary to-
the practice Of the commission to UNDER
take to answer hypothetical questions.
Your separation from the service accord
ing to the facts in your case as they ap--
peared in the public press was made upon
the order Of the secretary of the navy,
in whom the power of removal rests
The demand for your resignation, fol-
lowed by your removal upon direction of
the president through the secretary OF the
navy, was not In violation Of the civil
Known facts in your case. The object OF
the rule requiring notice and a hearing
was to prevent political removals or re-.
OF this kind is involved in your case.
Statement by Proctor.
President Proctor also gave out the.
following statement bearing upon the
case:
The commission has always held, asi
shown in it's thirteenth report, January
l, 1897, that the civil service act did
not intend that incompetent persons
hould be retained in office. The author
ity of removal and its exercise for prop
er reasons are necessary for the discip-
line and efficiency Of the public service.
The power of removal Is not affected.
,Dy the law OF the rules IurCQer LQanF
that they provide that removals shall
not be made for political or religious
reasons. The rule of the president.
July u, 1897, requiring that a person
should only be removed for just cause.
n upon reasons in writing, and after
an opportunity for making answer, was
for the purpose Of preventing POLITICAL
or religious removals upon secret.
charges, but was in no way intended
to curtail the power of removal for just
cause. Under this rule the reasons.
for a removal are to be a matter Of
record, but it does not impair in the
slightest degree the prope exercise of
the power Of discipline. In discussing
this rule in the fourteenth report of,
the commission, December 81, 1897, it isa
stated that If reasons are sufficient the.
officer will not hesitate to make the
removal. 1t cannot be asserted that
Maclay's removal was for political or
religious reasons or upon secret.
charges, as the reasons for the de-
partment's action areSwell known, both
to Maclay n to the public
MacIay Is Fired.
New York, Dec. 2S.-Edgar Stanton
Maclay was summarily discharged to-
day. Maclay went to the navy yard as.s
usual and prepared to resume his du-
ties. Pay Director Putnam went to
Maclay's desk, read him the telegram
of dismissal received from Washing
ton yesterday and told him he was2dis-
missed. Maclay left the yard tmmedi-
lately. He said he. would return at the
usual time tomorrow prepared to gc8to
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