Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1906-05-09

An officer connected with the stats
civil service commission yesterday
charged that there was a political con.
spracy in operation, having for its
purpose the destruction of the Wis
consin merit law as enacted by Tie
last legislature. He refused to name
any of the politicians involved in the
conspiracy, but declared that the man.
hesitation of this scheme was the
| suit brought by NJ. c. Bergh. by his
! attorney, r. NJ Bashford, ltigatfne
the civil service act under cover Of
| resisting its application to the depart.
| ment of banking 1t is declared thai
| the resistance of the application or
the law to this department is merely a
subterfuge employed in order that the
law may be contested on grounds Of
constitutionality
K NJ. Bashford, attorney for Com.
missioner Bergh, has served upon Dr..
5 .E. Sparkling, chairman of the civil
service commission, the brief of the
opposition to the law. An argument
is made against the application of the
law TO tie department of banking. and
then the brief proceeds, saying that
II the court agrees with the complaint
that the law ought not to apply to the
banking department it need not con.
slider the question of constitutionality
but if the court does not agree VIII
the complaint in resisting the applica.
ton Of the law to the department OF
banking, then ii will be brought to con-
sideration OF the constitutional cues.
tons involved.
Validity Questioned.
Then follows lengthy arguments
contesting the validity of the entire
law on various constitutional grounds
1t is alleged that the law is inyal,a
Tor the reason that it abifdges the Do
litieai liberties of citizens in the cGl-
plog OF the state, by forbidding polit-
lcill work by state employees.
The brief declares that the law is
unconstitutional for the reason thar
II tnterferes with the constitutioaaI
duties OF the secretary of state as the
auditing officer of the state. the com.
mission being required by the law to
certify the payroll II state employees
The brief declares that the law is
unconstitutional for the reason that
II takes from constitutional officers
powers OF the appointment of assist.
ants and subordinates, which right l.
not in the power of the legislature TO
take from the constitutional officers at
the state government In this connee.
ton an argument is made that the
law is against public policy. will re.
suit IN injuring and lowering the se,-
vice OF the state, and the arguments
OF State Superintendent Cary ara
quoted at length, taken from his state
ment against applying the merit law
TO the appointment of the school in
spectors in his department.
The brief also declares that the law
Is unconstitutional for the reason that
IN many portions of the act there are
legislative powers delegated tn the
ciVil service commission, particularly
in the making of rules.
Commission viii Defend Law
The civil service commission viii
resist this supposed assault upon the
law with all the means available. II
VIII be argued that the law does not
interfere with the auditing power If
the secretary of state at all. the COM
mission merely certifying that the
persons on the payroll are holding
their positions in accordance win
law.
IL VIII be maintained that it is not
unconstitutional for the legislature to
take from a constitutional officer the
power of appointment so long as that
power of appointment is conferred BY
the statutes and not by the constitu
ton.
II will be maintained that the law
does not abridge the political liberties
OF any public servant, merely protect
ing him in his political liberties ana
preventing any superior from demand.
ing Of the servant political service IL
repayment for a place on the payroll
of the state
1t will also be maintained IN de-
Tense of the merit system hat the
legislative functions are not delegated
to the commission, any more than the
legislative functions are delegated to
the tax commission in the process OF
calculating the rate of taxes to be
paid by the railroads, or any more
than the legislative functions are del.
egated TO the railroad rate commits
sion in the process of examining ana
fixing railroad rates.