Evening star., 1934-11-26
9)OL0SE COURT
BATTLE FOR Jobs
D. C. Supreme Court Denies
Temporary Injunction
Against Secretary.

Employees Of the alcohol tax unit
facing removal December l. today lost
out in the first move Of their legal
fight to keep their jobs.
Chief Justice Wheat in District Su-
preme Court denied a temporary in
junction to restrain Secretary OF the
Treasury Morgenthau from dismissing
them.
Today's action does not finally dis
pose of the issue as the Government
now must move to dismiss the Dill for
permanent injunction or answer 1t.
This must be done within 20 days
from date of service, which vas last
Monday. In the meantime, however,
the employees are due to be dropped
from service Friday night.
900 Employees Affected.
More than 900 employees Of the
unit are effected. Transferred to
Treasury from the old dry set-up in
the Justice Department, they are VIC
tins of the so-called patronage
rider" of an appropriation bill. which
prohibited payment of salaries after
December /, unless they had qualified
anew for their positions by competi-
tive civil service examination. They
already have this competitive status.
In denying the temporary restrain
ing order Chief Justice Wheat said
he could not 60 into the wisdom or
the Justice of the law.
Obligation on Secretary.
ct haven't any doubt but that the
statute was intended to take away
from all these men their salaries after
December l." Chief Justice Wheat
said. THE obligation is on the Sec
retary of the Treasury to prevent
payments and leaves the method of
handling the case in his hands"
The employees, represented by Gen.
Samuel T. Ansell. former judge ad-
vocate general of the Army. and Col.
Edward S. Bailey. had contended that
although the law barred payment to
the employees, 1t did not prescribe that
they were to be dismissed and that
the Secretary was without power to
dismiss them They said also that
Congress had no right to order dis
missal of the workers.
Civil Service Threat Seen.
Another contention that was set up
was that the procedure which this
law will entail is destructive of civil
service.
John j. Wilson, assistant United
States attorney, who appeared for the
Secretary of the Treasury, said that
the law is the proper exercise of
constitutional power on the part of
Congress" Recalling that opposing
counsel had said the statute was am
biguous, he asserted that they were
attempting to have the court look
up the spirit rather than the letter of
the law"
1T seems to me the spirit is worse
than the letter." Justice Wheat wryly
interiected.
Wilson also pointed out that Gov
ernment employe has neither a con-
tractural or vested right in his job
and recalled q recent decision by the
District Court of Appeals to this
effect. Wilson said also that this
statute was self-operating and that
by withholding the pay of these
employees it automatically kept them
from service.
Congress Held Unaware.
After Chief Justice Wheat had indi-
Gated his belief he had no right to
give the relief sought, Col. Bailey ar
gued that the men could be retained in
service without being paid until Con-
gress had had chance again to pass
upon their status. One Of the argu-
ments advanced was that Congress
was unaware of the effects this law
would have, having been mistakenly
of the impression that it was cutting
off pay from employees who had been
blanketed under civil service, rather
than having obtained it from competi-
tive examination.
Bailey said that then the employees
could recover in the Court of Claims.
The Chief Justice would not recede
however, saying that if the men
were being unlawfully dismissed from
their positions they would have a
claim for salary in the Court Of
Claims.
The action which was heard today
was instituted by Paul Sarlo Of Brook
lyn, N. Y. Sarlo had declined to
take the new examination ordered by
Congress which f1unked mere than
900 of his associates.