Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-10-14

rule IS AIRED
Upholds Politi-
cal Restrictions Put
Upon Employees of
Federal Government
By WILLIAM &. DEFINING
president, Civil ServiceD

comments on and protests against
the restrictions placed upon federal
employees In the matter Of political
activity.
The directors seem "a regard the
commissions published warnings rs
something entirely new. The fast ia,
there is nothing new about the gen.
eral restrictions or the posted warm
ings, nor indeed is there anything
new in the protests. A large crop
Of these latter spring up rs an Incl
lent OF each biennial general election
following the commissions CUSTOM
ary warning sent out every two years
during the summer preceding the
election.
The rule prohibiting active par
tieipation in politics by classified
federal employees 5 practically as old
as the evil service law itself.
Famous Views
On July IA, 1856, President Cleve-
land issued an executive order which
included the following:
II deem this a proper time 20
especially warn all subordinates IN
the several departments and all Of
! flee holders under the general gov
rnmen against the use of their Of
| fetal positions in attempts 70 con-
troll political movements in their To-
| calities. Office holders are
| neither DISTINGUISHED nor forbidden
| the exercise of political PRIVILEGES,
but their privileges are not enlarged
nor is their duty to party Increased
! TO pernicious activity by office hold
ing"
On June IS. 1902. Theodore Roose-
Welt had this TO say on the subject;
"The latter (public officers not In
cluded in the classified service) un-
der our system arc, as n rule, chosen
largely with reference 10 political
considerations, and. as n rule, are
and expect to be changed with the
change Of parties. In the classified
service, however, the choice is made
without reference to political consid-
erations and the tenure Of office IS
unaffected by the change of parties.
Under these circumstances 10 in OBJ
yious that different standpoints OF
conduct apply to the two cases In
consideration Of fixity OF tenure and
| az appointment in no way due TO po-
litical considerations, the man IN
the classified service, while retaining
his right TO vote as he pleases and to-
I express privately his opinions on all
! nolitical subjects. should not take
anv active part in political man
ayement or in political campaigns,
| far nrecisely the same reasons that
! iudre. nm army officer, n regular
| soldier. or n policeman 10 deEarred
from taking such active part"
Act Is Authority
The civil service act very Wisely
Is a mere outline Of it's purposes. it
provides for its application ~
rules promulgated by the president.
"a give practical effect 70 the nroad
provisions Of the act
The rules in turn give the civil ser
Wee commission authority 70 pre-
srr;he regulations in conformity with
the act and rules TO govern the de-
tails Of their execution.
Nv the act the president is gwen
wide mower TO supplement the ststu-
,orv rules by others not specifically
soyared ~ the statute. The language
IN the net il plain on this point ana
raurt decisions uphold this view.
while IL II true that the two nl-
reet references 70 political activity
II the civil service act seem desic-
mated to protect the employe or sun
ordinate from outside or higner
executive influence, the converse OF
that proposition logically follows
and the employees. individually ~
collectively. may not become offen-
sivcly partisan. The civil serves
\ commission ~ authorized 70 lay
down regulations under the rules
that will protect the employe against
his own partisan zeal
Classified, Unclassified
II Is said nv some that the free
dom allowed 10 federal officers OUT
side the classified service. and the
restrictions placed upon the classi-
fled cmploye as 70 political activity
constitute n discrimination against
the classified employe. In the first
place. the civil service commission
has no jurisdiction owe officials
outside the classified service an1
can not interfere 50 long as they d.
not attempt "a coerce their subordi-
mates. In the second place, with
changes Of partisan administration
the higher executives usually change
and they are prepared for that
contingency. The classified employe
who has adhered to the rules and
regulations is protected in his posi-
III TlnU. ITNNAOtnL hNN~tNfAA = lfAAF ~
June H.. 1909. quoted n part above,
seems m meet the situation fully.
Buttons and Sticktrr
The following two prohibitions w.
cluded in the regulations restrict
ing classified employees have caused
the most comment in the present
campaign:
Distribution Of campaign ~litera-
ture, badges. or buttons. or wearing
such badge or button.
distribution or displaying cam
raiEn 'stickers' ~ signs On automc-
biles."
A correct analysis ~ these re-
strictions shows that they serve the
double purpose Of preventing the
classified employee from "giving pub
lie expression 70 political vie~s'
and Of protecting the employees
against opportunities n get In
line"
II IL conceivable that IN any cam
paiTn n considerable number ~ per
o n may be undecided as r. how
they will vote. In a federal es-
Establishment consisting of several
hundred employees there are those.
some Of one party and some Of an
other, who would like Il flaunt
their ~partisanship BY means NJ but
tons banners, ard stickers. The in
decision If some or their fellow
workers. or their reluctance 10 make
public display Of their party affil-
i%ations. would give a strong tempts-
ton 10 the aggressive partisans TO
urge the others 10 make their po-
sition known BY means Of a button
or n banner. The prohibition
against the display m such symbols
Nv classified federal employees re-
moves this temptation from the