The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1921-08-31
F0ULkE WARNS HAYS
AGAINST VIOLATING
MERIT SYSTEM LAW

INDIANAPOLIS, Ind, Aug. il
William Dudley Foulke, OF richmond
has written the following letter 10
VIII H. Hays, postmaster general:
have just read in today lnalan-
apolis Star an article, which says KEEP
resentative Merrill Moores. as cour-
tesy extended by the postofflce depart
ment, will be given opportunity TO IN
dictate which of the three highest elig
ibles for the postmastership of Indian
apolis he desires to be named, and
that Mr.. Moores will recommend Re-
publican, If members of his party get
O place on the eligible list.
Sees Law Violation.
"T presume that this is a mistake so
far as the courtesy extended by the
postoffice department is concerned, or
at least so far as your knowledge OF
il is concerned, for this would be
distinct violation OF Section 10, OF the
civil service law, which provides That
no recommendation which may be Civ
en- by any senator or member of the
house OF representatives except as to
the character or residence of Che appl1-
cant shall be received or considered
by any person concerned in making
any appointment under this act
"If it be said that the act does not
yet apply to presidential postmasters,
it seems quite evident that the spirit
and purpose of it does. Since the OBJ
ject of the president in making these
offices competitive was to give them,
so far as possible, the status OF COM
petitive classified employees, and the
main objection TO allowing the choice
out of three, instead of appointing the
head of the list, as done under Presi-
dent Wilson's order, was that those
appointments would now go by recon-
mendation of congress, and upon po-
litical considerations so Jast as that
would be possible among the three
highest
Cites BurIeson Case
Il desire TO recall to your memory
the fact that it was upon this question
OF Article 10 that Postmaster General
Burlesan had his first trouble with
the friends of the merit system. which
resulted in more serious question af-
terward He invited the advice OF
the representatives of the district rel
alive to the comparative qualifications
of the three eligibles for fourth-class
postmasters The National Civil Ser
vice Reform League, at its annual
meeting in Chicago. 1914, specifically
and especially condemned this act,
and President Dana, after the post
master general had replied that he
had merely asked information from
Representatives not in their capacity
as members of political party, but as
representatives of their district and
community, replied that under such a
loose construction judge prohibited
from sitting in a case in which he has
any interest might ignore the law, CIV
ing as his reason that he was not to
sit as a party interested, but as an
impartial judge.
THE leagues criticisms were con-
tinued against Burleson for some
years. He declared they were unjust
and that we owed him an apology. He
was asked to speak before the league
at its annual meeting in New Haven,
Dec. 5, 1916. and did so, setting forth
his justification in written address,
10 which | replied. An account of this
joint debate is found in the book.
Fighting the Spokesman" copy OF
which I send by the same mall on
pages 249 and 254 | think you will
find it interesting.
Denies Allegation
81 called his attention to the fact,
when he denied that he was asked for
comparative recommendation. that his
order said it was his practice to ask
congressman to advise him relative to
the character and fitness of the three
eligibles, that this was the thing which
the statute said he should not do. and
that congressman had interpreted his
request as authorizing political recon-
mendations.
The controversy ended with consid-
cradle discredit TO Mr.. Burleson, and
was among the make-weights which
lead to his great unpopularity. l feel
very confident that such a controversy
cannot arise under the administration
of one who has consistently given
such support as you have TO the merit
system"