The Birmingham age-herald., 1912-03-01
OFFICE HOLDERS
 MUST TAKE NO SIDES
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 ---~-----~-----~~->-->-->~ estly desired because it is important not only from the points of view of square deal, but also from a clear understand ing of what the evil service law requires under all the circumstances stated, and whether it is to be enforced
 Black Replies
 Chairman Blacks replies to the three direct questions follows:
 5"First-The commission is not aware that some federal officeholders are per- mitted to work for any candidate The commission exercises its Jurisdiction with strict impartiality, inquiries into the ac tfvities of competitive employees violating the act and rules without regard to their political affiliations, and makes such rec ommendation as the nature of the case demands, irrespective of political consid- erations. The conclusion is obvious that the commission cannot permit any person over whom it had Jurisdiction to be inn properly active in political affairs.
 "Second-With reference 10 the punish ment to be inflicted upon a person found to have been politically active in viola- tion of the civil service act and rules, it Is to be observed that the punishment will depend upon the nature and degree of the activity and will extend to crimi- nal prosecution, separation from the ser- vice. or discipline, as the case may seem to require and the law and rules provide.
 '"Third-In reply to the inquiry whether a federal officeholder will be disturbed in his office because he refuses to take an active part in the campaign. yoiir at tention is invited to the executive order of February s, 1912, revising the civil ser vice rule relating to removals ana reduc tions. That rule applies to persons in the competitive service and of course has no. .appiicatieff eeierai--o " l1ysss appointments are made by the President. Your attention is also invited to the ex-. ecutive order of December 30. 1911, show ing the. punishment to be inflicted upon rural carriers who take an active part in political management or in political cam paigns. tef fFas4 s4
 Explains Law
 Chairman Blacks direct reply to ths three questions, however, is preceded by an explanation of the provisions of the civil service act relating to polit- ical conduct of those In the service. He quotes sections which specify that no person in the service is under obliga- ton to contribute to any political fund or give political service and that the employe will not be removed for re- fusing to do so. Further provisions of the act which provide that no per son in the service may use his of- ficial authority to influence political ac- tion or may be subject to discrimina- tion for religious or political reasons, are also quoted.
 The chairmans reply then continues:
 "The commissions jurisdiction eX- tends to the investigation of all acts of alleged improper political activity contrary to the civil service law, such acts embracing, among others, those of improper political activity on the part of the Competitive classified employees of the United States and 'unclassified 1aborers as well violations of the statute in any particul ar. as, for in- stance, tile provision that no person in the service of the government shall solicit or receive political contributions in any room or building occupied by any officer or employe of the United States in the discharge of official du- ties
 There is another class of cases that does not come within the Jurisdiction bf the commission, namely. cases of alleged political activity on the part of off cias outside of the competitive classified services, but within the departmental Or executive civil service as declared by executive orders. This class is properly subject to the consideration of the Pres 1dent or the heads Of departments, inde- pendent offices and commissions under which the persons concerned serve
 "The commission. moreover. upon tbe direction of the President investigates any cases ofs alleged improper political activity, including those of presidential appointees. reporting to him the results of such investigations, but having no power to enforce its conclusions, that resting with the President
 Tt will occur, of course. that in pur- suing it's duties the commission may find involved in common wrong doing those not within it's Jurisdiction, hut whose acts cannot be separated from those who are within its jurisdiction; in such case the investigation would be pursued to the end. You will see from what already has been said that the commissions way to investigate your complaint depends upon the kind of po- sition held and the nature of the activ- ity alleged. No person in the executive civil service is permitted to use his official authority or influence in political matters and no person in the competi- tive classified services can take an ac- tive part in political management of political campaigns.'