The Farmington times. [volume] (Farmington, Mo.) 1874-1902, 1902-01-02

Washington, Dec. aT.--The civil
service commission has notticd Edgar
5. Maclay, the historian, recently sm-
ployed ir the brooklyn navy yard,
that his removal from his position at
that point was not In violation Of tbs
civil service act. This notification is
contained In a letter written to Mr..
Marlay by President Proctor, of the
commission. aud is in reply 10 an In.
quiry from :'';;s.
Mr. Maciays letter Is as follows:
unicr Ok the General storcksepv,,
Navy Yard, New York, Dee 2, iya. 81,
lipn. John X. Fructar. President Ctvil
Service Cgmmission. sir. VI Decemher
. Yesterday ! received the fOlloWlas
communication nom the beerctary VI tho
''Slr. 1 ON direetcd By the president 90
ak EdgaT 8 Aaclay. special lhb0reE'
general st0F~keepcra once, navy yard,
New York. 10 send tn hts resignation.
'JoHH d. LONG. Secretary"
This communication WAS addressed 20
the cpmmaRdant 0f this nsyy yard, and
wHn duly forwarded 10 me. I deAiro 10
set al authoritative opinion from the
ciya service commission on tha follow
ing points.
/ Has the president OF the united
States any authority under thg laws gov
sfniuR ciyil service 10 demand the rruis-
nation % . .ivA service cmploye in the
classified listY
& Has the president Authority o. pow
cr to eauHe the dismissal OF any civil
service Fmplnye without preterfl-E
shargea IN u'riting and giving said en-.
llgye an opportuniiy In which to make q
VsTy rcspertfllIy yours.
EDGAR 3. ssSi.sN.
To this the commission replied as
follows:
Dec. D. 1891.
Mr Edgar D. Msclay. OEics Of the oen-
erel StOrek~npCr Navy Hhr0, New Work,
or your letter OF nrcvmbcr q. 1891. anking
iu opinion upon thr following questions.
Has the prealdcnt % the Urited States
any authority under tn laws gQvsrninE
civil service 20 demand the resignation
q nyii service cmployc IA tha ciaass-
acd ltaisg
Has the gTculden, the authority OF
ss1rf 10 cause the Dismissal ot any civil
sei vice employe without prcfcrfing
charges IN writing and giving said en-.
pl.Sc az opportunity IN which TO make
In response. yoa are informed that Il 10
ephtFafy 20 the practice of the commits.
sion To undertake 20 answer Hypothetical
4scstionE f0er separation from the
ssIy,Ss. aseoT,siaE 80 The ,,,.tsss tss,s in m
inv pabitc pfcaa. waa blade upon the az
4ar % the SECRETARY uf the navy, IN whom
he poser of renewal rests Tho demand
fag Fnur resignation, followed by your
removal spon The direction Of the preEi-
dent. through the secretary Of the navy,
EaS Hat IN violation % the civil service
srg ant ruiea. IN view Of the well-known
Ths uhssi Of The rule ruaa7snE notice
sn6 a henrtuE vas 10 prevent political
fgsnoyalr og rvfn"ysls upon neeret
81 yosf raSr- Neff respectfully.
JOHN q PROCTOR Prcaia-nt.
President Proctor, pf the civil scrv.
ice c0mr-is-s-..... also gave out the fol-
lowing statement bearing 0n the
case;
'"Tbe commission has always held,
as shown in It's thirteenth report, I
Ianus-y 1. 1877;
"'rhe civl service act did not In.
tend that atincompeicnt persons should !
be retained In office. The authority
uf removal and sea exercise for prup T.
er reasons arc necessary for the dis. I
cipline and the cfiici~Hry 81 the pub. I
lie service The power Of removal is I
not affected by the law nr the rules, /
further than that they pTuyide that 4
removals shall not be made for po-
liticRl or religious reasons
The rule Of the president, July "a. 1
1897, requiring that = person should .
only be removed for just cause aud I
upon reasons In wiring and after En
opportunity for making answer. was
for the purpose II preventing Po- /
ifticai or religious removals or re- 1
mOyals upon secret charges, but was I
in no way intended 20 curtail the /,
power 81 removal for just cause.
Under this rule the reasons for a re-
nova! are to be matter of record, |
but II does not impair In the slight 1
est degree the pTonpt exercise uf this 4
power Of discipline. In discussing /
'his rule in the fourteenth report Of |
the commission. December 81, 1897, II /
Is stated that ~ thr reasons are 4
sufficient, the officer will not hesitate /
tn make the removal II can not be /
asserted that Aaolay's removal was /
for political or religious resEons or
upon secret charges, as the reasons /
for the departments action arc well 4
known. both ia Mgclay and To the 4
public"