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OMAHA, NEBR., December 30, 1896. GENTLEMEN: The undersigned, William Holmes, would respectfully

state:

That on November 6, 1893, he was duly appointed an assistant inspector at South Omaha, Nebr., in the Bureau of Animal Industry in the United States Department of Agriculture; that he qualified and entered upon the duties of said position and served continuously therein up to December 15, 1896, when he was removed from said position by the order of Hon. J. Sterling Morton, Secretary of Agriculture. Your petitioner would state that in July, 1895, the civilservice law was extended to cover the position held by him, and that ever since he has been working under the rules of the civil service. Your petitioner would further state that at no time was he informed of any complaints being filed or charges made against him; that at this time he has no knowledge or information as to the nature of the charge, if any there be, against him; that he was not permitted or granted an opportunity to be heard in defense of such charge. Your petitioner therefore asks that your honorable body take cognizance of this peti tion and inform him of the nature of the charges filed against him, and grant him an opportunity to appear and defend himself against such charges, and for such other relief as may be had under the rules and precedents of your honorable Commission.

WILLIAM HOLMES.

HERDMAN & HERDMAN, Attorneys.

The CIVIL SERVICE COMMISSION.

SOUTH OMAHA, NEBR., January 2, 1897. DEAR SIRS: September 1, 1893, I was placed in charge of the microscopic department of the Bureau of Animal Industry at this place. November 14, 1896, I received a communication from Secretary Morton saying I was "hereby discharged" (not suspended) "for neglect of duty." I wrote Secretary Morton and asked him to tell me in what way I had neglected my duty. His private secretary answered the let ter by saying, "For your own satisfaction that the Secretary's recent action in your case was based on what he considered the strongest and most indisputable evidence from several reliable sources as to very decided pernicious political activity upon your part during the recent campaign." I have written to the Secretary several times denying the charge, and asked him, Secretary Morton, to send some impartial man out here and investigate the matter thoroughly, but hear nothing more from him. In one communication Secretary Morton says I was removed "for neglect of duty," and in the other "for pernicious partisanship." Am I not entitled to a hearing in the matter? Having had a long personal acquaintance with the Secretary, I have been reluctant to resent my treatment in this matter; but feel that justice has not been done me. Not having the law governing such matters, I have not read it. I will be obliged for a copy of the civil-service law, if any for distribution. Does the appointing officer notify your honorable Board, and for what cause, when he makes removals?

Yours, very respectfully,

CIVIL SERVICE COMMISSION,

W. S. WHITE.

Washington, D. C.

SOUTH OMAHA, NEBR., January 6, 1897. DEAR SIR: Secretary Morton has had a special agent here a week or more trying to find "evidence that will stick" before you against those of us that were dismissed from the Bureau of Animal Industry in November, 1896. I thought all along since my discharge that I'd let the matter go by default, but when a Government official comes here and acts as this agent I demand an investigation by your honorable Commission. He finds a family I treated and takes their affidavit. Tried to get one man to say to-day, or yesterday rather, that he could get me any time of the day, even during working hours. I also understand this agent has gotten copies of my prescriptions to be used as evidence against me. I feel that I can satisfy your honorable Board of Commissioners that I've been a faithful public servant since in the employ of Government, especially so since under civil service. I've done a little practice of medicine ever since residing in South Omaha, but have not done so to the neglect of my official duties. Secretary Morton has known all the time that I was practicing medicine, and has even encouraged me to do so. I called on the Secretary at the Paxton Hotel, Omaha, Nebr., in 1895. I think he asked how was my practice. Told him not much. He said it would be better. I've never been asked to stop practicing.

Yours, respectfully,

BOARD CIVIL SERVICE COMMISSION,

Washington, D. C.

W. S. WHITE.

P. S.-I hope your honorable board will send some one here to see "inside of this matter." He will be edified.

UNITED STATES DEPARTMENT OF AGRICULTURE,

OFFICE OF THE SECRETARY, Washington, D. C., January 11, 1897. DEAR SIR: Referring to the dismissal of Dr. W. S. White and John Zeller from the force of the Bureau of Animal Industry at South Omaha, Nebr., I inclose herewith for your information copies of additional affidavits bearing upon the conduct of these gentlemen. I think these affidavits show conclusively that my action was for the good of the public service.

Very respectfully,

Hon. JOHN R. PROCTER,

J. STERLING MORTON,

Secretary.

President Civil Service Commission.

UNITED STATES CIVIL SERVICE COMMISSION,

Washington, D. C., January 18, 1897. SIR: Referring to your communications of December 28 and January 11, transmitting copies of affidavits relative to the removal of certain persons in the Bureau of Animal Industry at Omaha, Nebr., you are informed that the Commission has written to the complainants, repeating the substance of your letter without saying by whom the affidavits were made. In view of your wish that the names of the affiants and their statements should not be disclosed, the Commission thinks it

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better to return the papers to you for your files, with the understanding, of course, that they will be accessible to the Commission in the future if circumstances should make it necessary.

Very respectfully,

JOHN R. PROCTER, President.

The SECRETARY OF AGRICULTURE.

UNITED STATES CIVIL SERVICE COMMISSION,
Washington, D. C., January 21, 1897.

SIR: Referring to your communication of December 16, previously acknowledged, with reference to the removal of certain persons from the Bureau of Animal Industry at South Omaha, Nebr., for alleged political reasons, you are informed that the Secretary of Agriculture has stated to the Commission that the removals were made for good reasons; that he did not know whom any of the persons removed sup ported for President; that he made no inquiry, nor did he care whom they supported. He has laid before this Commission a number of sworn statements, from which it would appear that the removals related solely to the internal discipline of the service, in which this Commission has no authority to interfere. Later, the Secretary of Agriculture addressed the Commission, inclosing copies of additional affidavits bearing upon the conduct of Drs. White and Zeller, adding, "I think these affidavits show conclusively that my action was for the good of the public service."

The civil service rules contain the following provisions respecting dismissals or changes of rank:

"Rule II. # *

"3. No person in the executive civil service shall dismiss, or cause to be dismissed, or make any attempt to procure the dismissal of, or in any manner change the official rank or compensation of any other person therein because of his political or religious opinions or affiliations.

*

"6. In making removals or reductions, or in imposing punishment for delinquency or misconduct, penalties like in character shall be imposed for like offenses, and action thereupon shall be taken irrespec tive of the political or religious affiliations of the offenders."

Where a removal or reduction is made for reasons relating to the internal administration of the service not contrary to clauses 3 and 6 of Rule II, cited above, the Commission has no authority to interfere. In view of the statement of the Secretary of Agriculture and the evidence which he submits, the Commission feels that with its limited force and the pressure of work it can not at this time make an investigation of its own into the matter.

Very respectfully,

JOHN R. PROCTER, President.

Hon. WILLIAM V. ALLEN,

United States Senate.

UNITED STATES CIVIL SERVICE COMMISSION,

Washington, D. C., January 21, 1897.

SIR: Referring to your communication, previously acknowledged. with reference to the removal of H. C. Keeling from the Bureau of

Animal Industry at South Omaha, Nebr., for alleged political reasons, you are informed that the Secretary of Agriculture has stated to the Commission that the removals were made for good reasons; that he did not know who any one of the persons removed supported for President; that he made no inquiry, nor did he care who they supported. He has laid before the Commission a number of sworn statements, from which it would seem that the removals related solely to the internal discipline of the service, in which this Commission has no authority to interfere. Later, the Secretary of Agriculture addressed the Commission, inclosing copies of additional affidavits, adding, "I think these affidavits show conclusively that my action was for the good of the public service."

The civil-service rules contain the following provisions respecting dismissals or changes of rank:

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"3. No person in the executive civil service shall dismiss, or cause to be dismissed, or make any attempt to procure the dismissal of, or in any manner change the official rank or compensation of any other person therein because of his political or religious opinions or affiliations.

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"6. In making removals or reductions, or in imposing punishment for delinquency or misconduct, penalties like in character shall be imposed for like offenses, and action thereupon shall be taken irrespective of the political or religious opinions or affiliations of the offenders."

Where a removal or reduction is made for reasons relating to the internal discipline of the service not contrary to clauses 3 and 6 of Rule II, cited above, the Commission has no authority to interfere.

In view of the statement of the Secretary of Agriculture and the evidence which he submits, the Commission feels that with its limited force and the pressure of work it can not at this time make an investigation of its own into the matter.

Very respectfully,

Mr. OTTO G. ECKSTEIN,

JOHN R. PROCTER, President.

111 South Main Street, Wichita, Kans.

UNITED STATES CIVIL SERVICE COMMISSION,

Washington, D. C., January 21, 1897. GENTLEMEN: Referring to your communication, previously acknowledged, with reference to the removal of Mary A. Dalton and William Holmes from the Bureau of Animal Industry at South Omaha for alleged political reasons, you are informed that the Secretary of Agriculture has stated to the Commission that the removals were made for good reasons; that he did not know whom any one of the persons removed supported for President; that he made no inquiry, nor did he care whom they supported. He has laid before the Commission a number of sworn statements, from which it would seem that the removals related solely to the internal discipline of the service, in which this Commission has no authority to interfere. Later, the Secretary of Agriculture addressed the Commission, inclosing copies of additional affidavits, adding, "I think these affidavits show conclusively that my action was for the good of the public service."

The civil-service rules contain the following provisions respecting dismissals or changes of rank:

"Rule II.

3. No person in the executive civil service shall dismiss, or cause to be dismissed, or make any attempt to procure the dismissal of, or in any manner change the official rank or compensation of any other per son therein because of his political or religious opinions or affiliations.

*

"6. In making removals or reductions, or in imposing punishment for delinquency or misconduct, penalties like in character shall be imposed for like offenses, and action thereupon shall be taken irrespective of the political or religious affiliations of the offenders."

Where a removal or reduction is made for reasons relating to the internal administration of the service not contrary to clauses 3 and 6 of Rule II, cited above, the Commission has no authority to interfere. In view of the statement of the Secretary of Agriculture and the evidence which he submits, the Commission feels that with its limited force and the pressure of work it can not at this time make an investigation of its own into the matter.

Very respectfully,

JOHN R. PROCTER,

President.

Messrs. HERDMAN & HERDMAN,

Creighton Block, Omaha, Nebr.

UNITED STATES CIVIL SERVICE COMMISSION,

Washington, D. C., January 21, 1897.

SIR: Referring to your communication, previously acknowledged. with reference to your removal from the Bureau of Animal Industry at South Omaha, Nebr., for alleged political reasons, you are informed that the Secretary of Agriculture has stated to the Commission that the removals were made for good reasons; that he did not know who any one of the persons removed supported for President; that he made no inquiry, nor did he care whom they supported. He has laid before the Commission a number of sworn statements, from which it would seem that the removals related solely to the internal discipline of the service, in which this Commission has no authority to interfere. Later. the Secretary of Agriculture addressed the Commission, inclosing copies of additional affidavits, adding: "I think these affidavits show conclusively that my action was for the good of the public service."

The civil-service rules contain the following provisions respecting dismissals or change of rank:

"Rule II. *

"3. No person in the executive civil service shall dismiss, or cause to be dismissed, or make any attempt to procure the dismissal of, or in any manner change the official rank or compensation of any other per son therein because of his political or religious opinions or affiliations.

**

"6. In making removals or reductions, or in imposing punishment for delinquency or misconduct, penalties like in character shall be imposed for like offenses, and action thereupon shall be taken irrespective of the political or religious opinions or affiliations of the offenders."

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