Evening star., 1934-10-30
TREASURY SEEKING
TO SAVE zoo Jobs
Appeals to McCarI in Case
OF Alcohol Tax Unit
Employees.

The Treasury Department has ap-
pealed to Controller General McCarl
in a final effort to save the jobs OF
some 200 employees in the Alcohol
Tax Unit of the Internal Revenue
Bureau-the innocent bystanders" In
the fight waged by Senator McKellar
of Tennessee and other Senate DEM
ocrats against what they charged
were political appointments" in the
bureau.
These 200-generally Office person.
nel-were reappointed to the Treasury
after being dropped from the prohibi-
ton set-up in the Department OF
Justice, and Attorney General Cum
mings ruled, in an opinion made public
last night, that, although they have
competitive civil service status, they
come within the scope Of the Nickel
lar rider to the current Treasury
bill, require re-examination to hold
their positions after December /.
The Treasury, it was said today,
however, is not satisfied with the in
terpretation, holding that the Nickel
lar amendment was aimed only to
cover 1893 former prohibition agents
and that all other transferred workers
should be exempt.
Pay Question Raised.
The question that consequently has
been submitted to McCarl, 1t was
explained, is-if these people are re-
tanned in service, despite Cummings
opinion, may they be paid.
In the current opinion, Cummings
modified an earlier ruling that woulc
have forced nearly 1000 other civil
service workers to take new examina-
tions. He held at first that al
workers involved in the consolidation
Of the former Justice Department
functions in the Treasury were af-
fected by the McKellar amendment
The Treasury protested this, and the
Attorney General then decided thai
all who went over under an executive
order on May 10 were on a contin-
uous service basis. but that those
dropped temporarily before getting
appointments to the Treasury woulc
have to take the new tests.
There has never been any question
as to the intent of the law regarding
the former dry agents who went tc
investigative positions in the alcohol
tax unit. and the Civil Service Com
mission has held examinations for the
positions they now hold. These tests
drew several thousand applicants, and
the papers now are being graded.
In this connection, however, there
are indications that there will be
plenty said about this in the next
Congress.
Rider Not Debated.
The McKellar rider went through
In the closing days of the last session
without debate. and apparently at.
tracing little attention. 1t was tackec
onto the appropriation bill after the
Senate Democrats, who charged the
former dry agents were "hand-pickee
Hoover Republicans" were unsuccessful
in an effort to have the appointments
declared illegal.
How many will obtain reappoint.
ment after these new tests is prob
lematical, but it has been the Treas
ury contention that they were ia
better fitted for the positions thar
newcomers could be.
II McCarl rules in favor Of the otheI
200 their case will be settled, but ar
adverse ruling will cause them to b,
held out of service at least until they
take new tests, and then there is NJ
guarantee all will get back, as the
examinations will be opened to al
comers able to comply with whatever
requirements are set up. About hal
Of this number are employed here.