Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-06
BY FRANK b. WALKER,
A Retired Government Employe.

"A sage of a law for the relief OF
4 \ the aged and enfeebled Govern
ment clerk. Many of these
clerks had had long years of service and
had become broken in health. The ex-
isting law required each year certlfl-
cate by the departments to Congress OF
the names of those unfit for service.
The rendering of such a certificate in
any particular case meant usually the
separation from the service Of the per-
son concerned and the cutting of OF
his income. and priVation perhaps for
the remainder of his days.
Most of the superior officers were
1oath to interpret this law strictly. be-
cause of the hardship mentioned. 1t
was believed that the passage Of re-
tirement law with provision of an an
nuity to the clerk would improve the
service by getting rid of the inefficient.
Then there were persons who advocated
the law because it was believed that
sooner or later number of the older
clerks, who had risen in grades and
occupied high places. would be retired
and the younger element benefited by
promotions.
Congress passed an act which provided
for the automatic retirement of Gov
eminent clerks on arriving at the age
of 70 years, unless his service was ex-
tended. and that he should. If his Serv-
ice had been for not less than is years,
receive an annuity depending upon the
salary he had been receiving in previ-
Gus years, but not exceeding 81 900 per
annum.
Law Construed Differently.
This law was not construed the same
by the different executive officers.
Some. as in the War Department, re-
tanned its efficient employees without re-
aNI to M
ton and retired the employe who had
reached the retirement age. regardless
of the value OF the clerk. This was the
policy usually adopted by Controller
General McCarl of the General Ac-
counting Office. and similarly applied
by DR.. Hubert Work, Secretary Of the
Interior.
partment lost employees both capable and
valuable. The rule applied equally TO
those in high and low places. I re-
member messenger, active and strong,
who received notice Of retirement He
Is reported to have seen the Secretary
personally, who looked at him and ex-
appear to be 10 years old. Yet he had
to go. The action fell heavily on the
persons who had not served the Gov
eminent for IS years and therefore were
not qualified to receive any annuity.
The law had not worked out as Con-
gress intended, and a new bill was
drafted, which eventually became the
act of July 3, 1926 ga Stat. 904), mod
flied in certain particulars by the act of
March 3, 1927 ga Stat. 138D, the
present retirement law. In presenting
it the committee on the civil service of
the House of Representatives, in its re-
port which accompanied the bill, stated:
In various branches of the Gov
eminent, at various times, there
was apparent a purpose to compel
retirement upon the arrival at the
age limit by withholding efficiency
certificates, regardless of the ability
of the applicant to continue his
work. The bill purposes to remedy
this situation by compelling the re-
ing employees when their complete
efficiency has been demonstrated by
prescribed procedure.
Intended to Remedy Defect.
Paragraph 2 of section of the act
of 1926 contained the new provisions
which were intended to remedy the de-
fects found to exist in the act of 1920
1t provided for the filing Of an applica-
ton by the employe who desired to
continue in the civil service, accom-
panied by acceptable proof of his pres
ent physical fitness to perform his work.
It is then made the duty of the head
of the department to obtain from the
immediate superior of the applicant the
efficiency ratings and other information
respecting the character Of the work of
the applicant and a written opinion
with respect to the efficiency with
which the work has been performed.
The law then provides specifically that
If such information should show that
the applicant has been efficient and
competent during the two years next
preceding. mis- application for continu.
ance in the civil service, the head of
the department, branch or independent
office of the Government concerned
shall as of course certify to the United
States Civil Service Commission that,
by reason of the efficiency and willing
ness Of such applicant to remain in the
civil service of the United States. the
continuance Of such service would be
advantageous to the public service"
Four Years Limit Of Extension.
Paragraph l of section provides
shat at the end of two years, he may,
by similar approval and certif1cation,
be continued for an additional term
not exceeding two years, and so on"
and that after August 20, 1880, no
employe shall be continued in the
civil service of the United States be-
yond the age of retirement for more
than four years"
The term las of course" has a posi-
tive, definite meaning when construed
by the courts. Blacks Law Dictionary,
second edition, defines this term as fol-
lows: ANY action or step taken in
the course of judicial proceedings which
application, without any inquiry or
contest, or which may be effectively
taken without even applying to the
court for leave, is said to be of course"
(Stoddard VS.. Treadwell. 20 Calf. ISL;
Merchants Bank VS.. Crysler, 81 Fed.
800, IA C. C. A. 444). To the same
effect is the decision in the case of
Petit VS.. Petit, 81, N. Y. Supp. 979.
On December 16, 1926 t35 Opin. Atty.
rendered an opinion on several ques-
lions submitted by Secretary Work
relative to the provisions OF section
of the act Of July 8, 1925. In this
opinion the Attorney General held that
the retirement act does not require
that the efficiency Of an employe OF
retirement age be determined by the
the personnel classification act of 1928
(42 stat. 1889, but that it provides
Its own method for the determination
of that question, namely, the efficiency
ratings and other information respect
ing the character of the work per-
formed and the immediate superiors
opinion He further gave the opinion
that the degree of efficiency which an
employe of retirement age must pos
sess as a condition of his continuance
in the civil service is left In each
case to the sound discretion of depart
ment heads, and that in deciding it
they will, of course, keep In mind the
evident purpose of the act and the good