Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-07-17
Roth Case Decision
REEVES Safeguards
In U. 5. Employment
By Howard [. Dutkin

Federal Judge Richmond B.
Keech. yesterday were revived
by the y. S. Court of Appeals
for the District Of Columbia.
The appellate court. in declar-
ing that former Justice Depart
ment Attorney Leo A. Roth
should be restored to his posi-
ton, held that the President is
not empowered arbitrarily to re-
move an employe from classified
! civil service without abiding by
! the terms of the Lloyd Lar GILLETTE
! Act.
/ This act provides: mo person
in the classified civil service of
the United States shall be re-
moved or suspended without pay
/ therefrom except for such cause
as will promote the efficiency of
such service and for reasons
given in writing. Any person
whose removal is sought
shall ID have notice of the same
and of any charges preferred
against him: (2l be furnished
with a copy of such charges; CD
be allowed reasonable time for
filing a written answer s. and
"a be furnished 81. with a
written decision on such an
/ SWer =.
U. s. Appeal Predicted.
Justice Department officials de-
clined to comment on the de-
cision Immediately. However. a
top Civil Service Commission of
fetal predicted the administra-
ton will appeal to the Supreme
Court. The official said the APP
peal would be made to clarity
the job authority of agency
heads. which is now somewhat
hazy.
Mr.. Roth, a $4,000 year
trial attorney in Justice, was
a classified competitive and
protected) employee in 1947
when President Truman issued
an executive order. This order
removed the jobs of Govern
ment attorneys from the pro-
tected classified category and
placed the positions in an un-
protected category known as
Schedule A.
Mr.. Roth continued at his job
until July 81. 1858. when he was
summarily fired by letter. He
had been given no notice. Nor
was he apprized of any reason
for the dismissal.
Takes Issue to Court.
He filed suit in the U. S. Dis
trict Court for the District of
Columbia, seeking a declaratory
| judgment that he was illegally
fired in violation of the Lloyd
LaFollette Act.
But Judge Richmond B. Keech
ruled against him. The judge
held that a law giving the Presi-
dent authority to prescribe regu-
lationsy for admission into the
civil service also implies the
power to reclassify and fire ar
bitfaiiIy
VIII & tiRge Of regret, Judge
Keech wrote: "The question OF
the aesirability of this situation
is not a matter for the court"
Yesterday. the appellate court
struck down this view, declar-
ing: Complete control over adj
missions does not cbviate the
removal requirements of the
Lloyd-LaFollet Act"
The appellate court did not
take issue with the Presidents
authority to remove certain jobs
from protected status. But it did
hold that, once the job-holder
had achieved classified (pro-
tected) status, he could not be
removed without the routine laid
down by the Lloyd-LaFolle
Act.
Not Intended to Apply.
Speaking of the executive or
der, the court stated that the
order was apparently intended,
when it was issued, not to apply
to attorneys who, like Roth, were
already in the classified civil
service.
The opinion pointed out that,
until the District Court de-
cided this case" the Civil Serv-
ice Commission had interpreted
the order "as not applying to
these attorneys"
The court further held that
neither the formula of 'ex-
cepting' the kind of position a
person holds nor any other for
mula can obviate the require
ments of the Lloyd-LaFollette
Act
The chief defendant in the
case was Herbert G. Brownell
as Attorney General. The opin-
ion was written by Judge Henry
w. Edgerton and concurred in
by Judges Prettyman and Baze-
! lon.
Mr.. Roth. who lives at 1915
Lynbrook drive, Bethesda, Md,
was delighted with the decision
"'An / want to do now is go
back to work." he said. IT'S
been a long time. feel the de-
cision is not only a victory for
me, but tremendous victory for
all Government career en-
ployes"
The Courts Opinion.
Partial text of the appellate
! opinion follows:
In 1947. when Roth had
been in the classified civil serv-
ice about four years. Executive
Order No. $3.50 was issued. 1t
provides that the positions
named in Schedules A and B
shall be excepted from the
/ competitive SaIsvice Gched-