Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-25
d. c. OFFICES SAFE /
FOR LOCAL PEOPLE
Ruling by Chairman McIIhenny
on Effects of the Tink.
ham Bill. q
APPORTIONMENT IN HANDS
OF PRESIDENT, HE SAYS
District of Columbia Not Regarded
as Part of the Government
Proper. !

A civil service system for APP
pointment and promotions in the
service of the District govern
ment could be built up under the
Tinkham bill without the danger
of apportioning the positions to
the various states, according to
the statement of President Nell
benny of the civil service COM
mission.
The Tinkham bill IL now before tbs
House District committee and provides
that the civil service system be applied
to the District government. 1t had
been feared that the enactment of the
bill would put District offices at the
disposal of the United States. but the
civil service commission says that 10
not the case.
Discretion With President.
The Interpretation of the situation
relating to the application OF the civil
service rule to officers and employees of
the District government. as expressed
by President McIlhenny. leaves to the
President Of the United States the dis
erection of placing the District govern
ment among the various separate gov
eminent organizations which are ex-
empt from the apportionment rule. In
other words, II the Tinkham bill is en-
acted, it will place District of Column
bia positions In the civil service list,
and the President will have the power
to the United States or to the residents
of the District Of Columbia exclusively:
THE government OF the District Of
Columbia being a separate and munich
pal corporation" says the statement Of
President McIlhenny. land not q direct
portion of the United States govern
ment, unless the President provided
otherwise. would clearly .lya "a. III IN nth, the
tionment. The President would there
fore have full power under the bill
to regard the District government as
q local Office not subject to the appor-
tionment."
The interpretation by President Nc
kilkenny was sent in letter form to
Representative Tinkham, in answer to
an inquiry from the Massachusetts, rep
resentative.
Details "Wisely" Omitted.
President McIlhenny opens his letter
to Representative Tinkham by saying
that the bill wisely omits all detailA"
and then continues:
Under it (the Tinkham bil) the
President would have all needful
authority to make suitable rules and
regulations to carry into full effect
the true intent and meaning OF the
civil service act. and such of Its pro-
is not necessary in the bill to provide
for or against an apportionment OF the
appointments. The extent to which an
apportionment may be advisable. IL at
all, may be left to the President, who
has the rule-making power in the dis
erection conferred upon him by the
Constitution. section 1853, Revtsee
Statutes, and the civil cervice act. The
latter provides that appointments IN
the departments at Washington shall
states and territories and the District
of Columbia. upon the basis of popula-
ton as ascertained at the last preced-
ing census. This requirement. how
ever. is subject to the part OF the set
declaring that the Presi.
dent shall make rules to carry the act
into effect as nearly as the conditions
of good administration will warrant.
It has been repeatedly held that the
District is not an office or a depart.
ment. but is District municipal cor
poration.
THE President may also make any
necessary exception to the provisions OF
in rule I, section 2. that appointments
to certain classes of positions at wash
ington shall not be apportioned Tnese
include local offices in the District OF
Columbia, such as the post once. inc
navy yard and government printing
office. and apply altogether to about
! 5000 positions at Washington.
Rests With President.
THE government OF the District Of
Columbia, being a separate and NUM-
cipal corporation and not direct por-
ton of the United States government.
unless the President provided other
wise, would clearly fall in the class Of
The President, therefore, would have
full power under the bill to regard the
District government as local ONCE
not subject to the appoFtionment. or to
provide for an apportionment OF GER
tain of the appointments as is now
done for independent establishments at
not in the departments
and not in local Offices.
las stated to you in its letter of
February 8, 1916, the commission has
held examinations for the District gov
eminent. as requested by President
Cleveland, since 1895; and your bill
would give the recognition and sup
port of law to this practice which has
grown up under the sanction of the
President.
I'm some of the states, as for in
stance, in Massachusetts,, the state civil
service commission holds examinations
and has jurisdiction over the civil
service of the counties and cities of the
state as well as of the state service,
under a general act and rules. So. like
wise, it would only remain under the