Evening star., 1922-06-29
MANDAMUS ASKED
BY GRIFFITH TO
PREVENT REMOVAL
Calls Act of Commissioners
Illegal, Political and Civil
Service Violation.

Service Violation.
Declaring that his removal from the
position OF superintendent of insur-
ance was without warrant Of law. in
contravention of his civil service status
and for political reasons only. DR.. Lewis
A. Griffith today applied to the District
Supreme Court for a writ of mandamus
to compel the District Commissioners to
rescind their order ousting him and
naming Burt A. Miller as his successor.
On the presentation Of the petition by
Attorney w Gwynn Gardiner, Justice
Hitz cited the Commissioners to show
cause July 90 why they should not
vacate the order of removal.
In his petition, DR.. Griffith sets forth
his appointment. June 4. 1919, as super
intendent of insurance at an auual sal
ary of s3,5OO, which he received until the
passage of the retirement act OF May
%. 1920, since when deduction OF z Il
per cent has been made and credited to
the retirement fund. He declares his ap-
pointment was legal and that he has
duties of the office and stands ready
to continue to perform such duties.
AlIege. Provision Violated.
After citing the provision of the
retirement act making 1T applicable
to "all regular annual employees of
the municipal government of the Dis
trict OF Columbia" DR.. Griffith de-
clares it was the intention Of Con-
eress and by the act quoted the Con-
eress did in law place and establish
him in the same position and among
the corps of employees known as civ
il service employees" and as mem
Der thereof he became and is entitled
to the protection of the civil service
requirement that charges must pc
furnished before removal and an op-
portunity afforded to answer such
charges. This provision of law, he
asserts, the Commissioners violated
by not only preferring no charge. but
refusing his request for the reason
of their action. and therefore the or
der which undertook to remove him
was unlawful and void. and that he Is
still entitled to all the privileges.
benefits and emolufnents of the office.
Dr. Griffith points out that he has IN
no wise acquiesced In or acknowi-
edged the right of the Commissioners
to SO dismiss him from the service.
The deductions from his salary for
the benefit of the retirement fund.-
Dr. Griffith claims. gave him a vest
ed interest in that fund, and his at
tempted removal by the Commission
ers destroys vested interest and his
rights as an enploye of the District
contrary to the statute of Congress.
Being without ordinary remedy at
law, he seeks relief from the court by
means of the extraordinary writ of
mandamus.
Suit to Determine Rights.
In a statement of his reasons for
filing the suit, DR.. Griffith says: Il
have filed this suit for the purpose of
determining what rights, If any. the
employees of the District Of Columbia
have under the civil service act and
under the retirement act. If there Is
to be deducted from each employees
salary 2h per cent, as small as that
salary is, and il each employe is sub
ject to be dismissed at the political
whim of the Commissioners, then I
want that question settled, in order
his rights may be protected. If the
employees have no rights and the court
SO Illus liiAS SooSs SASh oOAo SSN7
may make such amendments as will
guarantee such rights. For myself
l care little.
Had the Commissioners taken a
courageous stand and expressed them
selves frankly to the effect that they
were getting rid Of me because of
political pressure, 1 should not have
objected, but to place upon the per-
manent records of the District of CO.
lumbia the statement, discharged for
the good of the service" is, I submit.
in the face o. the facts, cowardly
and unfair. They offer as a lame
excuse that they need a more ex-
perienced man to administer the
marine insurance bill. when the fact
is. and they know it. that they re-
ferred all inquiries and matters hav-
ing to do with that bill during it's
preparation and submission to Con-
gress to me. and they, in every in
stance. approved my recommendations
and the changes made by me therein.
"And, furthermore, the Commission
ers called upon me and l went to the
Capitol and presented to the appro-
priations committee the day before
the things needed and necessary to
administer that law, and upon my
presentation Of the matter the COM
mittee Appropriated the money and
made it available for the execution of
that law.
II invite the public's attention to
the fact that at the time I was ap-
pointed superintendent of insurance
of this district the yearly income to
the office was $125,000, which was COL
lected at the cost to the District of
Columbia Of 10 per cent thereof. Last
office collected 100000 at a total cost
of & Der cent"