Evening star., 1938-07-31
By ]. A. FOX


Anticipating pressure" from within
the Government to allow exemptions
from President Roosevelt's orders Of
June "a widely extending the scope OF
civil service, the Civil Service Com.
mission, in a statement last night
bluntly served notice that there will
be no compromise with principle" and
that the orders will be carried out in
letter and spirit, so that the reform
program contemplated may be made
as effective as possible.
In the statement, the commission
for the first time outlined the princi-
pies to be followed in executing the
orders which are effective next Febru-
ary l, and explained the methods to
be applied in making them operative
The commission statement was given
out shortly after there had been made
public at the general accounting Of
fice a decision by Acting Controller
General Richard N. Elliott in which
he told Public Works Administrator
Ickes that civil service personnel only
may be employed with public works
funds allocated throughout the Gov
ernment unless the agency receiving
this money is excepted by statute from
civil service.
The ruling will have the effect of
ending five-year practice by barring
future non-civil service appointments
which customarily have meant politi-
cal appointments-in old line agencies
employing personnel with emergency
funds.
Question of Law.
The Civil Service Commission state
ment, explaining that President Roose-
velt's orders entail the bringing into
civil service of all positions not ex-
empt by statute, except those of a
policy determining nature or others
which special circumstances require
to be excepted. said:
The question of what positions are
exempted by statute is question of
law. The laws creating, and in some
cases reorganizing, various agencies
Of Government and various bureaus
and divisions of such agencies have
been couched in differing language.
acts from time to time
have changed the status of groups Of
positions within agencies. Each sep
arate statute must be considered as 1t
applies to separate groups, and inter-
pretations of the courts, of the At
torney General and of the Controller
General must be considered.
The procedure of the commission
is to receive from each department
and agency involved a statement of
the statutes affecting its positions with
the Interpretation placed upon those
statues by the legal staff Of the de-
partment or agency. Thereupon the
legal staff of the commission renders
an opinion = giving its views of
the proper Interpretation Of those
statutes. In many cases the depart
ment or agency and the commission
will be in complete agreement either
to the effect that the positions are
covered into the classified service pur-
suant to the executive orders or are
definitely excepted therefrom by law.
In case, however, difference of in
arises between the depart
ment and the commission, the matter
will be referred to the Attorney Gen
eral or the Controller General, as the
case may be, for final decision, and
the commission and the department
or agency may be expected to abide
by such final decision. As soon as the
arrives at final decision
as to each department., agency, or
group of positions, it will release such
decision to the press.
THE orders further provide for the
review of all exceptions under existing
schedules A and B, the abolition of
such schedules. and the establish i.
ment by executive order of the Presi-
dent prior to February /, 1899, Of
new schedules Of exceptions on the
(see CIVIL SERVICE, Page A-40