The Washington herald., 1907-09-15
HALTS CIVIL SERVICE
Attorney Seeks to Prevent
District Examinations.
BEGINS SUIT FOR INJUNCTION
Richard T.. Evans, as Counsel for J..
Stewart Harrison and Albert VI.
Curry, Institutes Proceedings ChaI-
Ienging the Methods Employed by
Commissioners to Fiji Vacancies.

Suit to enjoin the Civil Service Commis-
sion from holding, at the request Of the
District Commissioners, examinations for
filling vacancies in the District govern
meut was instituted in the District SUI
preme Court yesterday by J. Stewart
Harrison and Albert NJ. Curry.
The petitioners base their proceedings
upon the act of 1883. by which it is de-
Clared the commission is directed and re-
stricted TO the matter Of selecting for
appointment 10 civil positions under the
government of the United States. and not
under any State government or the gov
ernment of the District Of Columbia. In
disregard of this. it is alleged that the
commission has. AT the request OF the
Commissioners, used the public money
and property and services Of the officers
and civil employees Of the United States
government in holding unauthorized and
Illegal examinations for selections OF per
sons 20 fill positions under the municipal
authorities.
Scheduled for Tomorrow.
Attention is called 10 an examination
scheduled for tomorrow for the purpose
Of establishing an eligible list from which
10 hu positions in the health department
Such examination il is declared, is for a
distinct class OF residents, bat not for
an; that the characters Of the positions
and scope are set forth in a printed
memorandum which contains regulations
that make, it is averred, invidious COM
parisons. distinctions in the matter OF
residence and citizenship Of the appli-
cants. favOrIng a certain class 70 the ex-
clusion Of others equally entitled
The suit was Instituted following an in
terChange Of correspondence between
Richard 2. Evans. attorney for the pc
tlti0uers. and John A McIlhenny, Of the
Civil Service Commission. in which Mr.
Evans requested that he he informed as
10 whether there is any requirement or
authority Of law or executive order for
holding competitive examinations for po-
sitions OF service IN the District Of Co
lumbia. such as assistant attorneys. sur
veyors, police surgeon, deputy health Of
hcer, OF for similar appointments.
No Law for Examinations.
In reply Mr.. McUheuny said that so
far as the commission is aware. there is
no requirement in law or Executive order
that it should hold such examinations,
bat IL has been its practice 70 do so as
matter Of courtesy. when the holdings Of
such examinations did not interfere with
the regular business of the commission.
Mr.. Mcuhenny called attention 20 an Ex-
ecutiye order Of the President Of October
81, 1905, directing that an examination be
held for testing the qualifications Of ap-
plicants for appointment to positions in
the office Of recorder OF deeds. as an in
dication Of the desire Of the Executive
that the commission shall render assist
ance in securing suitable persons for the
appointment in the government Of the
District.
Letter Not satisfactory.
In reply TO this Mr.. Evans informed the
commission that their letters failed 70
make such a showing Of authority for
holding such examinations as would e1a-
ble him TO avoid institutiug legal pro-
ceediuEs in behalf Of his clients for the
purpose Of testing the questions involved.
while II IS not presumed" he said, ito
question the authority Of the President
10 direct the United States Civil Service
Commission 10 extend the courtesy Of its
service and clerks and paraphernaIla 10
the Commissioners Of the District of Co
lumbla and the governors Of the several
States at the expense Of the government
of the United States (although the United
States statute fails 10 show such intend
menO. yet it does not appear clear that
without such specific Executive order and
direction the extension Of such courtesies
by the commission would not be within
the limitations OF its powers as conferred
by statute"
Merit Wins Appointments.
In reference 20 the filing OF the suit
Commissioner Niacfor rland said yesterday:
NO argument IS needed at this late day
in favor Of the principle of appointing
upon merit as ascertained by impartial
examination, rather than by political OF
other influence. These examinations have
been held Cor years, and have never been
questioned before. They have given US
high-class men. and 1t would be a great
blow to discontinue them.
"The police and fire departments, the
board of police and fire surgeons. the
medical inspectors Of public schools ply
sicians to the poor, and some other offices
have been filed from the eligible lists of
such examinations. They give everybody
a fair chance at the appointments, regard
less Of political or other Influences. Until
Congress passes a civil-service law for the
District government, as the Commission
ers have repeatedly requested, this Is the
best arrangement that can be made. Its
results have justified it: ii ought 10 be ex-