The Washington herald., 1909-03-12
Activity of Federal Office
holders Called in Question.
CRITICISED FOR INTERFERING
Warner Declares He Was Referred
to as "An Ass and n FOOI."-Says
District Attorney Violated Letter
and Spirit of Civil Service Law-Re-
calls President CIeveIand'a Order.

States Attorney Baker, Justice Gould. and
Representative Pearre as the principal
actors. and the limitations placed by ths
civil service acts and Executive orders
on the political activity OF Federal Office
holders. were we'll thrashed out in Cir
cult Court No. 2 yesterday during the
direct and cross-examination OF Mr.. War
ner at the hearing of the $4,000 damage
suit brought against him by District At
torney Baker.
Once again the hearing was postponed
until Monday at 10 O'Clock, and as the
progress is slow. the end OF the suit is
still hard TO predict.
Criticised Baker.
Upon cross-examination by Mr.. Davis.
Mr.. Warner testified that he had criticised
Mr.. Baker for interfering IN the petty
affairs OF county politics, and mentioned
the fact that Mr.. Baker had referred to
him as an Ass and a fool" This re-
mark was taken Up at once by counsel
for the plaintiff
Isn't Il a fact" asked Mr.. Davis. that
your criticism of Mr.. Baker was actuated
wholly or in part by the fact that Mr..
Baker had characterized you as an ass
and fool?''
That may have had something to DO
with IT," replied Mr.. Warner
why was it, asked Mr.. Davis that
Mr.. Baker had no right 10 take an active
part in petty politics? What law Of the
country did he violate? He is a Presi-
Dental appointee, and his appointment
had TO be confirmed by the Senate"
In answering this Mr.. Warner asked
permission to read from a circular that
had been issued by the Civil Service Com
mission. and after considerable argument
between counsel he WAS permitted 10
do so.
Violated Law.
The witness testified that in his opinion
Mr.. Baker violated the spirit and the let
ter Of the civil service laws and regula-
tions. even though he was not in the
classified service. In support of this he
quoted passages from the instructions.
still in force. that had been issued by
President Cleveland in 1856. and were pub
Hshed at the time as orders from the
heads OF each Of the executive depart
ments
"Office-holders are the agents OF the
people, net their masters. wrote the late
President. Not only IS their time and
labor due 20 the government, but they
should scrupulously avoid. In their polid-
cal action. as well as in the discharge OF
their official duty, offending by display OF
Obtrusive partisanship their neighbors who
have relations with them as public Of
fcials
1.-The influence Of Federal offlceholders
should not be felt insthe manipulation Of
political primary meetings and nominat-
ing conventions The uss by these officials
Of their positions to compass their Sc
lectlons as delegates TO political conven-
lions is indecent and unfair; ana proper
regard for the proprietie5 and require
ments Of official place will also prevent
their assuming the active conduct Of po-
litlcal campaigns.
Mr.. Warner pointed out. in his opinion,
these regulations. which applied 70 the IN
classified as well as the classified service.
had been directly violated by the district
attorney, and justified the criticism that
he had been guilty Of ''pernicious activ-
ity'' in politics.
Extract from Order.
In further support OF his contention, he
read extracts from an order issued by the
Attorney General IN 1901, which was ad-
dressed to all the officers ana employees
Of the department. Irrespective Of whether
they belonged 10 The classified service or
not This order said. in part: The spirit
OF the civil service law and rules rem
ders it highly undesirable for Federal
officers and employees to take an active
part in political conventions. or IN the
direction Of other parts OF political ma
chinery. Persons IN the government. serv-
ice under this department should not act
as chairmen Of political organizations.
nor make themselves unduly prominent
in local political affairs
A letter written by Mr. Warner IN Al
torney Baker was next introduced IN evil
dence by the plaintiff, and the question
Just how II should be read 70 the Jury
lead 10 some spirited remarks between
counsel
Any student Of law knows that the
letter speaks for itself" said Mr.. Oar
lington, with impatience. as Mr.. Davis |
for the plaintiff, seemed 10 dis
pute the fact
DO you think that any student Of law
could read this libel the way you read
it?" answer Mr.. Davis.
Did Not Understand.
In the letter 70 Mr. Baker. which was 1
written several days before the alleged /
libelous article was published, Mr.. War
ner wrote that ne did not understand why |
the district attorney opposed his candi- |
dacy in the manner he did. and that ne
and Mr.. Warner. IT., had supported Mr.. /
Baker when he was running for the office
of county chairman on previous occa-
sion. He stated further that Mr.. Baker 4
should resign his Office If he intended TO l
lake such an active part in politics, but /
that he (Warner) would not take any ac- 1
ton in the matter unless the district at
-orney continued 10 offend.
A Cold, Cough, or Sore Throat, Which