The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-19
REBECCA TAYLOR LOSES.
Woman Who Criticised President
Cannot Get Back Her Place.

cannot Get Back Her Place.
Washington Special i'm Chicago Post
Miss Bee" Taylors petition for writ
of mandamus to compel the Secretary of
War to reinstate her as clerk in his de-
partment, was dismissed to-day by Justice
Bingham, of the Supreme Court, of the
District Of Columbia At the same time
the secretary's demurrer to Miss Taylor's
bill of complaint was overruled. This dis
poses of the case, far as the lower court
is concerned. Miss Taylor was present, and
Immediately noted an appeal to the Court of
Appeals of the District of Columbia.
The substance of Justice Bingham's de-
cision was that the court had no jurisdic-
ton, in support of which he cited number
of decisions by United States District
Courts and the Supreme Court of the United
States. He said that the power to appoint
inferior officers was vested in the President
and heads of departments by the Civil-ser-
vice law. The power Of dismissal and APP
pointment. was a purely executive function
which the courts could not supervise or con-
troll, provided the Civil-service law had been
complied with As to the failure of the sec
rotary to comply with all Civil-service rules
in the matter of notice, ETC., Justice Bing-
ham said that was mere matter of detail
in which the main facts at issue were not
| affected
In commenting on the article which Miss
| Taylor wrote and which appeared in a
Washington paper Justice Bingham said
| that the clause In the Constitution guaran-
| teeing the right of free speech sustained 1t.
| He said that while the Constitution guar
| anteed liberty of speech and of the press
| IL did not guarantee license. He held that
| Miss Taylors article rejecting on the Pres
| idents Philippine policy was so far in adj
| vance of anything ever intended by our
| forefathers when they inserted the liberty
| of speech clause into the Constitution as to
| be regarded as license of speech.
| Miss Taylor formerly was a school teach
| er in ST. Paul, and, having lost her position
board of education. she started a news
paper for the purpose of roasting the
| board. She was appointed to temporary
| position in the War Department during
| the Spanish war, and gave her superiors
trouble because of her independence and
disposition TO differ with the administra-
ton in matters of policy, and her determin-
office hours, regardless Of the rules and
| regulations.
Her sharp criticisms of the conduct of
| public affairs passed unnoticed, but when
| she attacked the honesty and sincerity of
] her superior officers, including the Presi-
| dent, and denounced them in violent Ian
| guage her services were dispensed with
| and characterization was given as the rea-
| son.
Miss Taylor differed with the admins
took the ground that the civil service law
does not authorize the removal OF govern
| ment clerks for such a cause. She was sc
| thoroughly convinced OF this that she ap-
| pealed from the Civil-service commission tC
the courts. and pleaded that her removal
| for criticising the President was not only
| a violation of the Civil Service law, but ar
infringement Of the constitutional guar
| anty of freedom of speech.
When the case first came up Miss Taylor
| appeared in court with a voluminous man.
| uscript and several large law books and
| created a sensation by announcing that she
had dismissed her lawyers because they
were unfaithful and incompetent, and de
| sired to prosecute her own cause.