The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-07-18
Mr.. WARE SAYS
he is RIGHT.
He Is Accused of Violating the
Civil Service Rules
In Displacing a Democrat With
Republican.
DEFENDS HIS ACTION
DEFENDS HIS ACTION
On Ground That Examiners
Are Not in Classified List
And MckinIey's Order Making
Board BIZ Partisan.


formers will be interested in what is
, charged to be fragrant violation of the
civil service law. as well as of the rules
and regulations promulgated by direc-
tion of the president. The offense is
charged against Commissioner of Pen
sions Ware. and was committed when
he directed the removal of a member of
a board Of pension examining surgeons
for political reasons.
1t has just been discovered that last
December Commissioner Ware address
ed a letter to DR.. T. ]. Mclaughlin Of
Jersey City, n. J., in which he called
his attention to the fact that the board
of examining surgeons. of which Ir.
Mclaughlin was a member. was con-
posed of two Democrats and one Re
publican.
AN executive order directed that,
when practicable, the examining board
shall be made up of two Republics rs
and one Democrat" the letter continues.
In compliance with this order l must
regretfully ask for your resignation as
a member of the Jersey City board"
Commissioner Ware stated when his
attention was called to the letter that it
was genuine, and that DR.. Mclaughlin
was dismissed. The pension bureau
waited upon him several months to ten
der his resignation and finally dropped
him from the rolls.
Commissioner Ware claims there has
Leen no violati IN Ct civil service law or
regulations, but tbs view is not shared
BY the civil Service commission Com
missioner Proctor. who is the highest
authority in such matters, holds that
Dr. Mclaughlin was protected by the
civil service act and that Commissioner
Ware has rendered himself liable to
penalty, which may even amount to dis
missal.
y The text of the commissioners letter
ollows:
Dear Sir:-Your board of examin-
ing surgeons IS politically composed of
two Democrats and one Republican An
executive order directs that when prac-
tlcaDIe the examining board shall be
made up of two Republicans and one
Democrat In compliance with this or
der l must regretfully ask for your res
lshatlon as member of the Jersey City
BOARD This request must not in anv
way be construed as rejecting upon vour
efhciency as member of the board or
as an expression of dissatisfaction with
your professional work. l thank YOU
Tor your past good services as an exam
lining surgeon for this bureau. Very
respectfully, E. +. Ware, commissioner"
The executive order to which reference
Is made in his letter to Mclaughlin is
not on record, and the commissioner.
order was a verbal one made by Presi-
dent Mckinley.
The commission holds that the civil
service act as well as all rules and reg
ulattonS made in accordance with II
protect all officers and employees Of the
government in classified service against
dismissal for political reasons. Commits
eiOner Wares explanation of his action
in removing Or. Mclaughlin and his
views in regard to his relation to the
board Of medical examiners are given
In the following statement which he
prepared
Boards of medical examiners are not
under civil service rules: they are sim
ply hired men for the time. subject to
dismissal at the pleasure of the bureau.
in Jersey City the board was composed
of two Democrats and one Republican.
Comp ints were made and Senator
Keene requested the substitution of Dr.
James A. ExtOn in place of Dr. Nc
Laughlin. Thereupon a formal letter
was sent to Dr. Mclaughlin asking for
his resignation and thanking him for
his past services. The usual form for
such letter was used. These medical
boards are kept bipartisan: that is to
say. two Republicans and one Democrat
Many changes are going on from time
20 time because complaints are frequent
~ made against one or another of the
'-oards. but in all they are kept BIZ
partisan. 1t was the verbal order of
President Mckinley made in 1899 that
the boards should be bipartisan
Commissioner Proctor, speaking Of
this matter. said:
THE law applies to all persons in the
classified service, whether exempted or
not from competitive examinations
Members of pension examining boards
are in the classified service. but not
subject to competitive examination.
When Commissioner Ware wrote the
letter to Or. Mclaughlin the civil SER
vice rule read: No person in the execu-
tive civil service shall dismiss or in any
manner Charge. the official rank or com
pensation of any other person therein
because of his political or religious
opinions or affiliations. Since then. on
April is. a new set of rules was pro-
mulgated by direction of and with the
approval of the president. in which it
IS provided that no discrimination shah
he exercised. threa tened or promised by
any person in the executive civil service
against or in favor of any enqDlOve in
the classified service because of his po-
ltical or religious opinions or affilia-
tiOns.'
According to Commissioner Proctor.
Dr. McLauehlin was an employe in the
CLASSIFIED list. and according to Com
missioner wares statement. DR. Nc
Laughlin was removed because of his
political opinions and affiliations I'm
less Commissioner Proctor, who is the
highest authority in such matters. is
in error in holding that Dr. McI augh-
lin was protected by the civil service
act and the rules and reeuIa ti0ns
Commissioned Ware has laid himself
liable to the penalty prescribed BY sec
tiOn 3 Of rule u which roads. AnY
person IN the executive service who
J. shall willfully violate anv of the nro.
{ visions of the civil service act or of
these rules shall be removed from the
service'
It think it would be necessary for
the party at interest or some one else