Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-09-14
| WANT EXAMS HELD UP
Civil Service Commissioners
Defendants in Suit.
D. C. COMMISSIONERS ALSO
Law Doesn't Put District Under Civil
Service.
so SAY THE PETITIONERS
Who Ask District Supreme Court to
Prohibit Examinations to
Fill Local Jobs.
D. c. COMMISSIONERS ALSO
0 SAY THE PETITIONERS

The District Supreme Court was asked
today to enjoin the civil service commits
sioners from holding examinations at the
request of the District Commissioners for
the establishment of an eligible list from
which positions under the municipal gov
ernment may be filed.
The District Commissioners are also
named as defendants in the suit which is
hled by j. Stewart Harrison and Andrew
NJ. Curry. who describe themselves as resi-
dents and taxpayers of the District of Co.
lumbia and institute the proceedings in
their own behalf and for the benefit Of
any others being similarly interested and
aggrieved" who may join in the litigation.
The powers and duties Of the civil service
commission, it is pointed out by the pe-
tlt1oners, are directed and restricted by the
act to regulate and improve the United
states civil service, passed January 49,
1883, to the matter of selecting for ap-
pointments to civil positions under the gov
eminent Of the United States, and not under
any state government or the government of
the District of Columbia. These duties, It
is declared, are ministerial and mandatory,
and admit Of no discretion. In disregard of
these limitations, it is alleged, the civil serv-
ice commission at the request Of the Dis
trict OF Columbia Commissioners, mot re-
garding their plain duty and assuming err
roneously and illegally to act beyond the
scope Of their authority" have at various
times used the public money and property
and the services of the officers and civil
employees Of the United States government
In holding unauthorized and illegal exami-
nations for selections Of persons to fill DO
sitions under the municipal authorities.
Exams. Called Illegal.
Such an examination, the court is IN
formed is to be held next Monday. and If
the defendants be net enjoined the petition
ers and other local taxpayers will be ag-
grieved. 1t Is declared, by IAN unlawful use
and expenditure Of public money contrib
uted and paid by them, and thus will have
an Illegal burden imposed upon them"
The District Commissioners it is pointed
out hold the local executive offices and
nave large discretionary powers among
other things, in the selection and appoint
ment of employees in the service of the mu-
nicipality.
They are bound, according to the peti-
TONERS, and it is their plain duty manda-
tory and not discretionary, to exercise the
powers conferred upon them, with due re-
gard to the civil and property rights and
interest of all local residents and taxpayers,
without class discrimination.
Local "Civil Rights"
Among the few civil rights of District
people it is declared are paying taxes,
obeying the laws, aiding in their enforce
ment and being protected by them, and the
holding of offices of trust, profit and dis
tinction."
These civil rights it is said, are violated
by the District Commissioners when they
employ or insist on employing certain
schemes and methods of selecting and ap
pointing employees and officers under the
municipal government, by which methods,
it Is alleged, is shown class distinction,
to a certain few citizens and residents of
the District in the exercise Of their civil
rights, and denying the same to complain
ants and others. and arbitrarily, illegally
and mischievously excluding them from the
benefits thereof
Referring to the coming examination of
Monday, it is declared the District author
tiles have arranged to hold an alleged COM
petitive examination for a distinct class of
residents, but not for all; that the char
acter of the positions and scope are set
forth in a printed memorandum, which con-
tains regulations that make, 1t is averred,
tnyidious distinctions in the matter OF resi-
dence and citizenship of the applicants, IA
yoring a certain class to the exclusion OF
others equally entitled.