Evening star., 1942-01-25
Civil Service Board
Recommends Custer
Under Hatch Act
Ruling in Georgia Cose
Says Jurisdiction Moy
Extend to Elective Officer.

The Civil Service Commission yes
terday recommended removal Of two
omciAls Of the Georgia Bureau OF
Unemployment Compensation who
were accused Of violating the Hatch
Clean politics" law and at the same
time laid down the broad principle
that under q certain condition its
jurisdiction in such cases applies to
elective officers.
The removal order was directed at
]. e. B. Stewart, director Of the
bureau, and Marion A. O'Connor,
director of the division Of unem-
ployment service Of the bureau, who
were charged with attempting to
coerce employees under their super
vision to contribute to the re-elec-
ton campaign Of Ben T. Huiet,
commissioner Of labor In 1910.
It Is the second time the commits
sion has taken custer action under
provisions of the Hatch Act barring
political activity by those employees
Of State and local governments,
whose functions are In any way
financed by Federal funds. II the
commission recommendations are
not carried out. the Government
can withhold from the State grants
q sum equal to two years compen-
sation for the defendants. The
State Of Georgia opposed the COM
mission proceedings and challenged
the constituttonality Of the Hatch
Act as did Mr.. Huiet, an elective
omcer, one Of six persons accused.
Commissioner Cleared.
The labor commissioner was
cleared Of the charges although the
commission said there was "substan-
tial evidence" tending to prove vio-
lations Of the act. At the same time,
however, the commission rejected
Mr.. Huiet's contention that he was
not subject to the law. Elective ON.
cers, the commission said, interpret
ing this section for the first time,
are exempt solely from the provision
Of the act forbidding . State ON
Ger or employe to take any active
part IN political management or In
political campaigns"
The exemption does not apply, &C.
cording to the ruling. to an indi-
vidua1 using '.his oficial authority
or influence for the purpose Of inter-
fer1ng with an election or nomina-
ton for Office, or affecting the re-
suit thereof" or who may indirectly
coerce. attempt to coerce, command
or advise any other such ofiicer or
employe to pay, lend or contribute
any part Of his salary or compensa-
ton or anything else Of value to any
party. committee or organization,
agency or person for political pur.
poses.'
The labor commissioner had de-
MED wrongdoing.
Ruling on Other EmpIsyes.
The commission stated also that
Alfred r. Scogin and Rex p. HUFF
man violated . section Of the act,
but held that the violations did not
warrant their removal from employ
ment by the Georgia bureau. It also
found that George W. Atwood and
Ralph Macon did not violate the
act and proceedings in each case
were ordered dismissed. All four
are connected with the Unemploy.
ment Compensation Bureau.
The commission said there were
about 400 employees In the Bureau of
Unemployment Compensation. which
is part Of The Social Security Act
organization, and that its work Is
financed largely by Federal funds.
The charges were based on the ALE
cation that all employees receiving
more than $50 monthly were being
required to give half . months SAL
ary to Mr.. Huiet's cause.
A collection arrangement In the
Cincinnati of1lce Of the Ohio Bureau
Of Unemployment Compensation to
help the State ticket In 1910 re-
suited in a commission order for
removal Of Harry J. Patterson, ONCE