Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-01-08
DEM|NG ASSERTS
LAW UPHOLDS HIM
Civil Service Head Defies
StoWeIl, Despite Threat
ened Court Action.

The Civil Service Commission stands
within its legal rights in refusing GER
tain information to Ellery G. Stowell,
president of the Civil Service League,
who has threatened to file mandamus
suit to obtain the records desired, &C
cording to William {. Deming, presi-
dent of the commission.
Mr.. Stowell, in carrying on fight
against AN administrative ring" al
legged to have been built up by Senator
Smoot ito do his bidding" said last
night, he Wculd attempt TO force,
through court proceedings, both the
Civil Service Commission and the per
sonnet Classification board to divulge
certain information concerning person
mel
Chairman Bailey Of the classification
board refused to comment on StoWell $
threat. but in Il formal reply TO
StowelI today, President Demlng sald
the Civil Service League head had re-
uuested the commission TO furnish him
a list Of the employees Of the Bureau
of Efficiency and the States from
which they were appointed, together
with a list of all the temporary ap-
piontments made in the Bureau OF
Efficiency during the last three or
four years.
THE Civil Service Commission he
added declined to furnish such in
formation, lOE NIltL II I'ti4SNtS ~ bN
valid reasons.
80 far as concerns the work which
the commission is authorized under
law to perform, the commission has
consistently followed a policy of ut
most publicity in all matters which
may be with propriety made public,
Deming said obviously, there are
many of our records which must be
held inviolate. as. for example. eNami-
in inv 4
cations. etc.
MIR. Stowen's request is for in
formation given to the commission
merely to assist in its own work and
not for the purpose of subsequently
allowing such information to be made
public at the request OF any private
individual or organization.
"If such information is furnished in
one case it should be furnished in all
and would impose a serious burden
upon the force of the commission
thereby interfering with its current
and general work.
I'm other words, if the commission
were to furnish this information to
private individuals or unofficial asso-
Citations with respect to small GOV
eminent orga nization, it would be
equally obliged to furnish ii with re-
speCt to the largest organization in
service, for instance, which has over
800 900 employees. This would be mani
testify impossible with the small force
of the commission.
THE commissions discretionary pol
lev on the general question OF whether
inspection of its records should be pro
miscuously allowed, is strictly in &C
cord with the opinions of the Attorney
General and has been consistently
F0II IN no n1r0 ice H.
out its history"
Sharply criticizing Senator Smoot,
the Civil Service Leagues executive
committee in a resolution adopted last
night said: The official investigation
. before the committee on civil service
of the House of Representatives in
reference TO the Lehlbach bill dis
closed what was common knowledge in
Washington, that Senator Smoot has
used his power in the Senate to i'm
pinge upon the proper function of the
Executive.
''INorking through certain admins
tratiVe officials. he has been able to
set his will above law. By the use Of
his powers he has built up machine
an administrative ring-to do his
bidding. The league looks to the Presi-
dent to discipline Senator Shoots
creatures in the executive branch of
the Government, but it is for the
Senate to call the erring Senator him
self to account and to require him to
respect the proper constitutional linn
itations of his Office
StowelI to Seek MandamuS.
Mr. Stowell in responding to the de-
NAL of the Civil Service Commission
of permission to examine some of its
records, served notice that Il shall
ask the courts by mandamus to in
struct you in a better understanding
of the duty of your Office
I'm my opinion said Mr.. Stowell,
In writing TO President Deming, the
action of the commission is ministe-
rial, and it is wide of the mark to re-
fer my request for the information in
question to the Bureau of Efficiency.
In point Of fact, the chief of the Blu
reau of Efficiency, in an interview,
had previously refused to furnish me
with information in regard to the
number of employees from his bureau
detailed to the work of the Personnel
classification Board. 1t Is also inap-
propriate to refer a request for in
formation to the very bureau which
may be under Investigation. My pur-
pose, as stated in my letter, and also
in the informal remarks to which you
refer, was not so much to use any
information you might supply against
the Bureau of Efficiency, but to com