Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-14
COMES BACK At PAYNE
Civil Service Commission
Frames Reply.
SAYS PAYNE rs WRONG
FOURTH-CLASS POSTMASTERS
ARE CLASSIFIED.
Commissioner Green Goes Into Detail
in Defense Of the Commits
sioner's Position.

The attention of Commissioner Greene VI
the civil service commission was called to
the statement of the Postmaster General,
issued on Saturday, giving reasons fjr the
removal of Miss Todd, postmistress at a
fourth-class post office in Delaware. The
Postmaster General said; The civil service
laws do not apply in any respect to fourth
class postmasters.'
Commissioner Greene said:
1T is common Misrepresentation that the
civil service law and rules are confined in
their operation to the part of the executive
civil service covered by competitive exami-
nations. In other words that no official is
within the classified service who is not
appointed by means of competitive eXami-
nation. That this is by no means the case
is shown by the language of the civil SER
vice rules of April 10, 1903.
Rule II says: The classified service shall
include all officers and employees in the ex-
ecutive civil service of the United States,
heretofore or hereafter appointed or en-
ployed, in positions now existing or here
after to be created. of whatever function
or designation, whether compensated by a
fixed salary or otherwise, except persons
employed merely as labOrers and persons
whose appointments are subject to con-
hrmatton by the Senate; but no right of
classification shall accrue to persons whose
appointment or assignment to classified
duties is in violation of the civil service
rules.
AS fourth-class postmasters are Officers
or employees in the executive civil service
of the United States" and are not employ
ed merely as laborers, and are not subject
to confirmation by the Senate, 1t Is very
evident that they are in the classified serv-
Ice. They are not, however, appointed
through competitive examination because
section 3 of rule II of the civil service rules
of April 10, 1903, says:
Appointments to the excepted positions
named in schedule A of these rules may be
made without examination or upon nom
competitive examinations; but the proper
appointing officer may fill an excepted posi-
ton as competitive positions are filled, in
which case the person appointed will re-
ceive all the rights Of a competitive en-
ploye.
Now. schedule A of the rules includes,
among other classes. "ali employees of star
routes and in post offices having no free
delivery service"
Also. ANY person receiving not more
than $500 per annum compensation for his
personal salary. who may lawfully perform
his official duties in connection with his
private business. such duties requiring only
portion of his time.''
These two clauses cover fourth-class
postmasters. From a consideration OF
these clauses in schedule A, together with
the above quoted clause from the civil
service rules, 1t appears that fourth-class
postmasters are in the classified service,
although they are not appointed by means
OF competitive examinations.
Since they are in the classified service
fourth-class postmasters are subject to the
provisions OF civil service rule l. one of
which provisions is:
mo discrimination shall be exercised
threatened or promised by any person in
the executive civil service against or in
favor of an applicant eligible or employee
in the classified service because Of his poll
teal or religious opinions or affiliations"
Another rule which is also applicable to
all persons in the classified service is Sec
ton Of rule /:
mo person in the executive civil service
shall use his official authority or influence
for the purpose Of interfering with an cleo
ton affecting the result thereof.
1t is we'll known that before the civil serv-
Ice law was passed the officials in the de-
partmentS and great offices were organized
for collecting assessments and for work for
the dominant party. What was done and
paid by each was generally well known by
the party leaders and fully scored up
against the day of removals and promo
tons.
One of the main objects of the civil serv-
ice law was to prevent the organization of
the public service into bands of political
tax gatherers and put an end to political
coercion Of employees. The provision of the
civil service act on this subject is:
That no person in the public service is for
that reason under any obligations to con-
tribute to any political fund or to render
any political service, and that he will not
be removed or otherwise prejudiced for re-
fusing to do so.
And that no person in said service has
any right to use his official authority or in
fluence to coerce the political action of any
person or body.
The act also makes 1t a misdemeanor for
any person in the public service to be con-
cerned in political assessments. All of these
provisions apply to fourth-class postmas-
tiers.
1t follows that il fourth-class postmas-
ter Is removed because he refused to rem
der political service to any party or poll
tician, to be coerced in his political action,
or to contribute money for political pur-
poses, 1t would be in violation Of law. Fur
Their, the commission Is clothed with au-
thorfty to make investigations concerning
the facts and to report upon all matters
touching the enforcement and effects of the
rules, and concerning the action of all per-
sons in the public service in respect to the
execution of the civil service law.
This, OF course. also includes fourth-class
postmasters.
In these and other respects. contrary to
the general impression. the civil service act
and rules apply to fourth-class postmastsrs
as well as to the other classified" but
excepted" or "non-competitive" positions.