Evening star., 1940-09-19
Dismissal 10 Follow
Any Infringement Of
Amended Hatch Act
Mitchell Warns Workers
Wording Of Law Leaves
No Other Course Open.
Ry I. A. FOX.

BY J. A. FOX.
The threat of dismissal hangs
over Civil Service employees who
hereafter violate any of the politi-
cal do nots" laid down by the
Civil Service Commission, even
though the infractions may be of
such a minor nature that hereto
fore they have called for no more
than a reprimand-or in more flag
rant cases, suspension.
The amended Hatch Act Is the
reason for the Tightening process,
legal authorities of the commission
having decided that no other course
is open than to give full effect to the
law, which has gone far beyond its
original purpose to end "pernicious
political activity" by employees of
State and local governments con-
cerned with functions financed
wholly or in part by the Federal
Government, and will hit the most
trivial breach of political etiquet
by the 600 O0O-odd employees in the
Federal classified service.
Mitchell Discloses Ruling.
Disclosing the commission ruling
In an address at the convention of
the United Federal Workers of
America, yesterday afternoon, Har-
~ B. Mitchell, president of the
commission. said the ban Is so
sweeping that an employe who
transports a voter to the polls is
subject to dismissal
Two clauses of the act, between
whose passage year elapsed, have
produced this result:
The first Hatch Act provided in
the now-familiar Section that
mo officer or employe in the eXecu-
tive branch of the Federal Govern
ment " 3" shall take any active
part in political management or in
political campaigns. Any per-
son violating the provisions of this
section shall be Immediately re-
moved from the position or Office
held by him"
with this:
THE provisions of this act which
prohibit persons to whom such
provisions apply from taking any
active part in political manage
ment or in political campaigns shall
be deemed to prohibit the same ac-
tivities on the part of such persons
as the United States Civil Service
Commission has heretofore deter
mined are, at the time this sec
ton takes effect, prohibited on the
part of employees in the classified
civil service of the United States by
the provisions of the civil service
rules prohibiting such employees
from taking any active part in
political management or in political
campaigns
officials agree that the intent of
this section was to make the ban
on political excesses In the States
all-inclusive. by including in that
category everything prescribed for
classified employees by the Civil
Service Commission. In drafting
the legisla ton however. its sponsors
took no cognizance of the fact
that the two sections, when read
together, not only subject workers
in the States to dismissal for
offenses which the commission has
always considered rated lighter
penalties, but also 60 a step further
and make Federal employees liable
to the same punishment. Theore-
tlcally, at least. non-civil service
employees also fall under this con-
struction, but the employing
agencies and the Department, of
Justice interpret the Hatch Act
prohibitions for these, and just how
far they will 60 in individual cases
Is problematical.
In announcing the decision, which
1t was indicated had been reached
with reluctance, Mr.. Mitchell said
that the issue was very serious for
the commission and very serious for
the employees" adding that the i'm
minence of the election made it
desirable that it be made know
throughout the service as soon as
possible.
A standing rule of the commission
Is that Ignorance does not excuse"
forbidden political activity and each
appointee to the classified service,
when going on duty, is required to
sign statement that he will
familiarize himself with the regu-
lations governing conduct in this
respect.
Only IS Cases Reported.
The Civil Service Commission Or
dinarily does not have much trouble
in enforcing the politics rule. only
95 cases having come up in the
last fiscal year. These resulted in
II dismissals, while the other SO
were disposed of either by warn
ing or reprimand, or an order to
discontinue the practice complained
Of
General activity" cases led the
list, five resulting in dismissals and
19 In warnings or reprimand. In
IA instances where the charge was
soliciting support for a candidate.
the accused also were warned or
reprimanded, and like disposition
was made of nine others in which
office-holding in a political organi-
cation, or candidacy for public Office
now specifically prohibited by the
Hatch Act-were involved
All of these violations now, how
ever, will be cause for dismissal.
along with such other activities as
distributing campaign literature or
buttons, taking part in parade,
or even carrying election betting
to an extreme.
when two or more parties or
faction become engaged in contest
for rival or antagonistic measures
or policies OF governmental control
or regulation, political issue is
created" the commission saws