The Washington herald., 1907-10-05
FILE A DEMURRER
Civil Service Body Defends
District Examinations.
THEY DENY RIGHT TO ENJOIN
COmnissiOners, fn Their Answer so
Rule Issued Against Them Attack
ing Their Rights, Declare Com
pIaInants Are Not Taxpayers and
Do Not Contribute to Expenses.

John c. Black. II. F. Greene. and
John A McIlAeny, Commissioners Of
the United States Civil Service Commits
sion, have filed their answer, or return,
to the rule recently issued against them
at the instance of J. Stewart Harrison
and Andrew NJ. Curry, 20 show cause
why they should not be enjoined from
holding examinations Of applicants for
positions under the District government.
They also file a demurrer 10 the bill
attacking the right of the complainants
10 maintain the proceedings and the ju-
risdictlon Of the court 10 hear and de-
termine the case.
Because the matter was not formally
on the call for yesterday, Chief Justice
Clabaugh postponed the hearing until
next Friday. The Civil Service Commits
sion, as grounds o( demurrer, urge that
the bin does not show the complainants
to be taxpayers OF the United States.
or that either Of them have any part IN
the contribution to the expenses Of the
Civil Service Commission. betrayed by
the United States.
No Damage shown.
No special damage IS shown. II is claimed.
to either of the complainants to give
them the right 10 maintain the action, nor
Is any such damage imminent
AS TO the Jurisdiction Of the court. the
/ commission says. the District Supreme
Court may not interfere with the admin
I istration Of the Civil Service Commission
nor enjoln its conduct, as thereby II would
intrude upon an executive department Of
/ the government The court. it IS urged,
/ IS without power to review or determine
the method Of application by examination
and selection Of candidates for position
| in the civil service Of the United States,
or In the service Of the District Of Co
| Ilumbia.
Neither has II jurisdiction. il IS alleged,
+! 70 enjoin appointment or a removal there
( from. and, accordingly, has no iurisdic-
ton 10 consider the acts and decision OF
the United States Civil Service Commits
sion or the District Of Columbia Comm.s-
sioners IN the sphere Of their jurisdiction
I TO select individuals for positions vested
/ by Congress in their control.
As 70 the standing in court Of the com
plainsnts. the return OF the commission
I declares that the United States Civil
Service Commission has no knowledge
that the COmplainants pay any taxes,
even to the District OF Columbia. The
tax records show. It IS asserted. that one
I J. s. Harrison pays a personal tax of
{l25 a year. and that one Andrew VI.
! Curry Is assessed with a tax on real es-
tate amounting to $l5H, but the de-
PENDANTS are not advised whether he pays
2 hi 20 hr
/ in his name for other parties, their in
/ formation being that the latter is the
/ true condition of affairs.
share No Expense.
Even If they do pay these taxes. It IS
I contended. they bear no part Of the ex-
pense OF maintaining this commission
and are not interested in the disburse-
ments OF the money Of the United States
IN the support Of the commission. The
/ commission expressly denles that IN
/ complying with the request Of the Dis
! trict Commissioners. it has contravened
any law or exceeded authority.
In reference 10 the allegation that In
thus aiding the municipal authorities,
! the Civil Service Commission has ex-
| pended money unlawfully which COM
| plain2nts have contributed, the fact Is
| declared to be that complainants have
never contributed one cent to the cost Of
maintenance OF the commission.
| II is also denied that the commission
has illegally used the services Of the gov
! ernment employees In connection with the
! examinations. The authority of the COM
mission 10 hold the examinations for tire
/ District authorities the answer sets
/ forth. IS contained in q letter of Presi-
/ dent Cleveland. in 1895, directing the
commission TO provide examinations for
/ persons seeking places under the District
/ government providing the commission
! should not add 10 its expenses.
| These examinations have been held ever
since. 1t Is alleged and similar services
/ have been rendered by the commission
TO the Philippine government, which Is
/ declared TO be separate and distinct from
/ the service Of the United States. The
entire matter. it is declared, is within
the sole c0gnizance and province Of the
/ Executive. and IS removed by organic law
! from the jurisdiction of the court to in
quire into. review, or control by iniunc-
ton its administration or the orders OF
the President in connection with such
administration.