The National tribune., 1903-08-06
men who were in some instances olt
enough to be their grandfathers.

In many of the States not single Re
publican was left on any Of the boards
In one investigation which The National
Tribune made, it was found that i'll 9f
Counties, there were but % Republican
members, to 1919 Democrats, of whom a
were inexperienced graduates from medi-
cal schools OF the 227 members. but 26
had seen any service in the Union army.
This course of Mr.. Cleveland was in
harmony with that in other departments,
where he turned out Union veterans by
the tens of thousands.
In November, 1896, when his party had
been defeated, he sought to perpetuate its
hold on the Government by covering all
these changes with the broad blanket of
Civil Service and his order put in the
classified list 1,5S6 places, not previously
covered by Civil Service. This raised the
number of places so covered from 80, I3G
to S6,932.
The Boards of Examining Surgeons
were not specifically included in President
Cleveland's order. but they made desper-
ate effort to stretch the blanket order over
them. basing their claims on the follow
ment to Rule 3:
"WhO are serving in the capacity of
| physician. hospital steward, nurse. or
| whose duties are of a medical nature
| The Civil Service Commission, with its
customary zeal for the enlargement of its
own powers. supported their contention,
| and Commissioner Evans, for purposes of
his own. recognized as far as suited him,
| this contention. The boards were so
elated with this seeming victory, that they
reached out for still more and demanded
of the Treasury official quarters and the
customary allowances pertaining thereto.
This brought their status under the cold
searching scrutiny of the Treasury De-
partment. and the matter was referred to
the Solicitor of the Treasury for an eX-
animation of the law.
In an OpiuiOn which he rendered May
Ii, 1897, he took strong grounds that they
were not officers of the United States, nor
properly appointees. no more than men
who had contracts to furnish the Govern
ment with ice. coal or other supplies. He
asserted that the Constitution divides all
officers of the United States into two
| classes. first, those requiring to be nomi-
mated by the President and confirmed by
the Senate. and secondly, inferior officers.
who. under the authority of Congress may
be appointed by the President alone, by
the courts of law, or by the heads of ex-
ecutive departments.
The Pension Bureau is not depart
ment in the sense of the Constitution or
| the Acts of Congress. nor is the head of
the Bureau or of any other bureau au-
thorized to appoint officers of the United
States. The appointment of Examining
Surgeons and the organization of Boards
of Pension Examining Surgeons is vested
in the Commissioner of Pensions.
The Solicitor goes on to say:
'Section AIT authorizes the Commits
soner of Pensions to appoint, at his dis
cretion. civil Surgeons to make the periodi-
cal examinations of pensioners which are,
or may be made, by requirement of law,
and to examine applicants fer pensions
appointed by him necessary; and the fee
of such. and the requisite certificate there
of, shall be 50. which shall be paid by
the agent for paying pensions in the dis
trict in which the penSoner or claimant
resides. etc.
These sections have been from time to
time amended and modified, but there has
been no change in the character of the APP
pointment of such Surgeons, and the or
.,I, 81,
missioner of Pensions. See act of July
%, 1882. Section of this act authorizes
the Commissioner to appoint Surgeons
who, under his control and direction, shall
make such examinations of pensioners and
claimants for pension, or increased pen
sion. as he shall require, and he shall or
ganiZe Boards of Surgeons, to consist of
three members each, at such points in each
State as he shall deem necessary, and all
examinations so far as practicable shall
be made by the Boards and that the Com
missioner may, when in his opinion tie
eXigencies of the service require it, Or
ganize Board of three Surgeons who Uh
der his direction shall review the work Of
any regularly appointed Board Of Sur
geons, etc (22 Stat, 114.l The act of
March 2, 1895 f2S Stat. 703) relates to
the compensation of members of such EX-
amining Boards, etc.
In conStrulng Section 4I1, Il. s., the
Supreme Court held that the Coumis-
sioner of Pensions is not the head of a
Department within the meaning of Sec
| ton 2, Art. 2 of the Constitution. pre-
scribing by whom officers Of the United
States shall be appointed. Omitted States
V. Germaine, 30 U. s., $685. The court
say: If We look to the nature of the de-
fendant's employment, we think it equally
clear that he is not an officer.
In the case before us the duties are not
continuing and permanent. and they are
| occasional and intermittent. The Sur
| geon is only to act when called on by the
| Commissioner of Pensions in some special
| case. as when a pensioner or claimant for
pension presents himself for examinations
He may make 80 of these examinations
in a year, or none. He is required to keep
no place of business for the public USE
He gives no bond and takes no oath, un-
less by some order of the Commissioner
of Pensions of which we are not advised.
| No regular appropriation is made to
pay his compensation, which is So for ev-
cry certificate of examination, but is paid
out of money appropriated for paying
pensions in his district, under regulations
to be prescribed by the Commissioner He
is but an agent of the Commissioner, ap-
pointed by him, and removable by him at
his pleasure, 10 procure informa ton .leed-
ed TO aid in the performance of his own
nH ,1.l 1tttrn L. a.,.,