Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-05
FILLING DISTRICT OFFICES
CIVIL SERVICE COMMISSIONS
ANSWER TO COURTS ORDER.
Denies Jurisdiction Of the Court Over
Practice Of Examining Candi-
dates for Appointments.

United States Attorney Baker in behalf
of the United States civil service commits
sion has filed return to the rule recently
issued on the petition of ]. Stewart liar
rison and Andrew NJ. Curry to show cause
why they should not desist from the prac-
tice of holding examinations at the request
of the District Commissioners for the pur-
pose of securing eligible list from
which vacancies occurring in the minor
District positions might be filled. The
United States attorney also demurred to
the bill on the ground that the complain
ants have no legal status to prosecute the
suit and that the District Supreme Court
is without authority to hear and determine
the issue raised.
The complainants. it is set forth. are
not taxpayers of the United States and
contribute nothing toward the maintenance
of the commission and are therefore not
interested in the manner in which the COM
mission is conducted.
AS to the jurisdiction of the court the
commission says, the District Supreme
Court may not interfere with the admin
istration of the civil Sc wee commission
nor enjon its conduct. as thereby 1t would
intrude upon executive departm lent OF
the government. The court, it is urged,
is without power to review or d=term ne
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.
iumbia.
Without Jurisdiction
Neither has 1t jurisdiction, 1t is alleged,
to enjoin appointment a removal there
from, and, accordingly, has no jurisdic-
ton to consider the acts and decision OF
the United States civil service commits
sion or the District of Columbia Commits
sioners in the sphere of their jurisdiction
to select individuals for positions vested
by Congress in their control.
In reference to the allegation that in
thus aiding the municipal authorities the
civil service commission has expende
money unlawfully which compliments have
contributed. the fact is declared to be that
compliments have never contributed one
cent to the cost Of maintenance of the COM
mission.
1t Is also denied that the commission has
ment employees in connection with the ex-
aminations The authority of the commits
sion to hold the examinations for the Dis
trfct authorities, the answer sets forth, is
contained in a letter of President Cieve-
land in 1895, directing the commission to
provide examinations for persons seeking
places under the District government, pro-
viding the commission should not add to
its expenses.
These examinations have been held ever
since, it Is alleged, and similar services
have been rendered by the commission to
the Philippine government. which is de-
clared to be separate and distinct from
the service of the United States. The en-
tire matter. it is declared. is within the
sole cognizance and province of the eXecu-
tive, and is removed by organic law from
the jurisdiction of the court to inquire into.
review or control by injunction its admin
istration the orders of the President
in connection with such administration.