Evening star., 1938-04-29
APPORT|0NED lob
STATUS UPHELD
Civil Service Ruling Holds
Referendum Will Not
Affect Employees.

plebiScite tomorrow will have no effect
on the status of Government employees
under the apportionment law, Harry
B. Mitchell, president of the Civil
Service Commission, has advised Jacob
Baker, president of the United Federal
Workers of America.
The question of the effect of such
participation on the voting status of
those domiciled in Washington who
maintain legal residence in various
States was a matter of conjecture.
however. in view of ruling made by
the attorney general of West Virginia.
Representative Jennings Randolph,
Democrat, OF West Virginia, advised
5000 West Virginians living here that
the West Virginia official believes their
right to vote in their home State might
be 1eopardized by such activity.
The West Virginia opinion was not
definite. as it merely suggested the
possibility that election officials might
challenge the residence of voter if
the fact should be reported to them
that he took part in the District refer
endum, after stating that he was
resident OF the District.
Uniform Rule Lacking.
1t appears to be the consensus of
legal authorities that the question of
State voting status was one for in
dividual determination of election
officials in the 48 States and that no
uniform rule could be laid down to
guide referendum voters. Referendum
leaders reiterated, however, that the
balloting tomorrow will be wholly un-
official and non-political
The West Virginia ruling, sent to
Mr.. Randolph by Attorney General
Clarence w. Meadows of that State,
follows:
1T appears to me that the uues-
tons to be voted on, when considered
IN connection with the qualified re-
qulrements for eligibility to vote,
strongly indicate that both residence
and domlclle are contemplated. Al
though the matter evidently has no
official status, participation in such
balloting by person resident in
washington but who maintains his
home and voting residence in West
Virginia would strongly indicate
change of intention with respect to
his desire to vote in West Virginia
and might result in election officials
IN West Virginia challenging his right
to vote in the State if same is brought
to their attention"
William H. Mondell. chairman of
the Elections Committee on the ref
erendum, an attorney, expressed the
opinion today that under the Consti-
tuition of the United States and the
exclusive jurisdiction granted to Con-
gress over the District of Columbia
any person could vote here in the
referendum tomorrow as a "non-citi-
zen resident without the danger of
jeopardizing his legal residence else
where,
Sees No Challenge in Law.
Mr. Mondell has made close study
OF the situation and declared that ac-
cording to his views the laws of no
State as now constituted could be
evoked to challenge the right of its
citizen to vote at home simply be-
cause he had voted here IN the unott1-
cial suffrage referendum.
The civil service ruling made pub
lie through the U. F. w. today was
in response to a request from Presi-
dent Baker for information on the
extent to which it would be permissi-
BILE for Government workers to take
part in the voting
The labor leader asked "Will it in
any way affect an individuals alloca-
ton to State quota in the apportion-
ment of civil service positions among
the States?"
Mitchells Response.
Mr.. Mitchell responded:
You are advised that after per-
son has been appointed to a classified
position IN the apportioned depart
mental service IN Washington. u. e..
and charged to the apportionment of
the State wherein he proved legal
residence no change in his legal res
ldence is made on the commissions
records as long as he remains contin-
uously in the apportioned service un-
less it should develop that he was
actually bona f1de legal resident of
another State at the time he filed his
application for examination.
The apportionment applies only to
original appointment to positions in
the departmental service in Washing
ton, D. c., which are subject to the ap-
portIonment. Accordingly, the legal
residence proved at the time the ap-
pointee filed his application, as the re-
suit of which he received his original
appointment, continues so far as the
Civil Service rules are concerned, pro-
vided he remains continuously in the
apportioned service.
Should a person now occupying a
position in the apportioned depart
mental service vote in the referendum
on April 80 and later leave the appor-
toned service, his subsequent return
to the apportioned service would not
be adversely affected so far as the ap-
portionment is concerned"
Rule Is Cited.
Section l of Civil Service rule No. l
reads:
mo person in the executive civil
service shall use his official authority
or influence for the purpose of inter-
fering with an election or affecting
the results thereof. Persons who, by
the provisions of these rules, are in the
competitive classified service, while
retaining the right to vote as they
please and to express privately their
opinions on all political subjects, shall
take no active part in political man
agement or in political campaigns"