The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-06-12

The civil service act provides that mo
person in the public service IL for that reason
under any obligations to contribute TO any
political fund or to render any political
service, and he will not be removed
or other wise prejudiced for refuefnR 10 40
so" section iis OF the Criminal Code pro-
vides that no Federal officer or employee
shall, directly or indirectly. solicit or receive
or he in any manner concerned in soliciting
or receiving any political assessment. sub
ecription or contribution from any other
Federal officer or employee. Section i?o
of the Criminal Code prohibits the discharge,
promotion or degrading of any oN'cer or
employee for giving or failing TO MIKE any
political contribution. Section III oil the
Criminal Code prohibits any Federal officer
or employee from max ing any such political
contribution to another Federal onicer or
employee. and section iio prohibits the
solicitation or receipt of any political con
! tribution in any room or building occupied
in the discharge of Official duties by any
officer or employee OF the tnited states
or on other Federal premises 10y any person
whatsoever. whether in the public service
or not. In connection with this latter pro-
vision the United states supreme toutt has
held that a solicitation by letter or circular
addressed and deliv cred by mail or other
wise to an off1cer or employee OF the United
States at the Office or building in which he
Is employed in the discharge OF his offcial
duties is a solicitation within the meaning
Of the law. the solicitation taking place
where the letter was received. section i22
OF the criminal code prov ides that who-
ever shall violate any provision OF the four
sections above mentioned shall I've fined
not more than 81 TOO or imprisoned Lot more
than three years. or both.
l, 10 the duty of the civil Service Commits
sion to see that IN. civil service act and
rules and the above mentioned sections OF
the Criminal Cod. which were originally
enacted az part OF the civil service act,
are strictly enforced. ard II will employ
every legitimate and available means TO
secure the prosecution and punishment Of
| persons who may violate them. The COM
! Mission requests any person having knowl-
| edge OF any such violation TO lay the facts
before II that IL may at once take action
| thereon.
| The order OF Secretary Macveiyh ot
October Is. 1910. which was coincided with
by his colleagues in the Cabinet. had for
| its basis the following letter.
UNITED STATES CIvIr SERVICE COMMISSION.
WAsHISGIoN. D. C.. March rs. 1908.
| The President
The commission. in recommending pun
| ishments for violation OF subdivision /
! of civil service rule has heretofore been
guided by the fact that the rule was one
only adopted in June 1907. and that while
| the Presidents instructions prohibiting
political activity on the part Of competitive
| classified employees have been public ever
since 1902 yet in actual practice the effective
and thorouRhgoing enforcement Of the
Presidents Instructions in this connection
has only dated from the adoption Of the
rule in June last. which gave the Civil Ser
vice Commission the right TO investigate
and report on charges of improper polit-
ical activity on the part OF those in the
competitive classified service. For this
reason the commission has heretofore
been lenient in recommending punish
ments But o sufficient time has now
ella psed for US 10 assume that the civil
service rules are understood throughout
the service. and We believe therefore that
the time has also come for q somewhat
greater degree OF severity for the penalty
inflicted at least in aggravated cases.
| We recommend therefore that the several
Depa artments he requested to publish 20
their employees in the competitive classi-
| fed service the fact that any man violat-
| ing the provisions OF the rule In question
renders himself liable TO punishment by
removal We desire that the subordina'es
in the several Departments be acquainted
| with thia recommendation. 40 that in the
event Of any misconduct by them in the
| future the commission may feel at liberty
TO recommend their removal. We have
the honor TO be. very respectfully,
| JOHN c. BLACK.
HENRY +. GREENE.
JoBS 4. MciLHENNY
Commissioners.
| II will be observed that there ia two
years difference in time between the
letter just quoted and Secretary
MacVeagh's order. Commissioner Greene
having meantime given place To Mr.
Washburn The letter Of Commissioners
Black. Greene and Mcllhenny was ad-
dressed TO President Roosevelt about
eight months before President Taft =
election. and the order Of Secretary
MacVeagh was issued nearly two years
after Presidens Tafts election.