INTRODUCTION.

THE CIVIL SERVICE LAW was passed January 16, 1883. The bill was drawn by Dorman B. Eaton of New York, as Chairman of the Committee on Legislation of the New York Civil Service Reform Association.* The law was preceded by two other laws, namely, Seetions 164 and 1753 of the United States Revised Statutes (printed on page 23). Sec. 164 was passed March 3, 1853; Sec. 1753 March 3, 1871. The latter was originated by Senator Lyman Trumbull of Illinois.

The civil service law bill was preceded by three other bills, all of which failed to pass Congress. The first was introduced, in 1864, by Senator Charles Sumner of Massachusetts, whose only recorded words are (Cong. Globe, 1864, p. 1985): "The object of the bill is to provide a competitive system of examination in the civil service of the United States." The bill, a good foundation on which to build, may be found in Sumner's Works (viii, 452). The bill, owing perhaps to the pressure of other business, never came up for discussion by the Senate. The second bill, which was wider in its scope than Mr. Sumner's, was introduced, in 1865, by Representative Thomas Allen Jenckes of Rhode Island, and again, with improvements, in 1866. Mr. Jenckes advocated his bill ably, argumentatively,

*For an account of Senator Pendleton's connection with the bill, see pages 216, 217.

viii

VARIOUS CIVIL SERVICE BILLS.

and earnestly during several sessions of Congress. The third bill was introduced, in 1869, by Senator Schurz of Missouri. It gave the President the option of selecting from among the men who passed the Board, or of ordering men of his own selection before it, and required five and eight year terms of office. The object of the five-year term was to prevent such appointments from being made during the year of the inauguration of the President. The idea was, as explained by Mr. Schurz, that appointments, as a rule, should not be made until the administration was well settled down to business. Senator Schurz's bill required a year of probationary service, Representative Jenckes's six months. Both required competitive examinations. Other civil service bills have been introduced at different times by Senators Henry L. Dawes of Massachusetts, George F. Edmunds of Vermont, and B. Gratz Brown of Missouri, and Representatives John A. Kasson of Iowa, Albert S. Willis of Kentucky, and Thomas M. Bayne of Pennsylvania.

It is noteworthy in this connection that Representative Samuel Brenton of Indiana, on August 11, 1852, offered an amendment to a resolution proposing to increase the pay of civil service clerks in Washington, the concluding part of which is as follows (Congressional Globe, vol. xxiv, pt. 3, p. 2189): "No removals shall be made except for incompetency, or cause shown to the satisfaction of the President of the United States. And in the selection of said clerks, they shall, as far as

*The New York Independent, in criticising the first edition of this work, says: "The only correction we have to suggest to the historical part of the book is that Thomas A. Jenckes deserves more credit for the first steps to which he forced a reluctant Congress than is accorded to him." The criticism is well taken. Mr. Jenckes's works are his best

monument, however. Words are empty things in comparison.

THE LAW'S CHIEF PROVISIONS.

ix

practicable, be taken from the several States and Territories in proportion to the number of Senators, Representatives, and Delegates from each in the Thirty-third Congress."

This is practically the same, so far as it goes, as the civil service law. Mr. Brenton said his object was to secure permanency, to prevent sectionalism in the selection of clerks, and to "break down party spirit as much as possible."

The provisions of the civil service law concerning examinations are: It provides that in any State or Territory "where there are persons to be examined," at least two examinations shall be held each year, and in such places "as to make it reasonably convenient and inexpensive for applicants to attend before them." It provides that the examiners, "not less than three," shall be chosen from among United States officials* "residing in said State or Territory." It requires the Commissioners to make regulations for examinations and annual reports of their proceedings, with such suggestions as in their judgment will result in improving the service; and it authorizes them to make investigations concerning all matters "in respect to the execution of this act." It requires that selections for office shall be from among the three competitors graded highest in the examinations. It forbids favoritism in examinations, and exempts officeholders from either political assessments or services, and makes a violation of either

*This is required not only in the interest of economy but to secure examiners who are familiar with the real needs of the offices for which applicants are examined. The examiners receive no extra compensation. (Third An. Rept., p. 43.) Yet many persons favor the employment of pad examiners-experts in their respective lines. Common-seuse examiners are what are needed, whether paid or not paid-men who will not injure the cause by asking irrelevant questions. A few do so.

X

THE EFFICACY OF THE NEW RULES.

provision a misdemeanor, punishable by fine or imprisonment or both.* War veterans are examined without regard to age, and they and their widows are reinstated to office without regard to the length of time. they have been separated therefrom. It exempts from examination or registration

Departmental Service: Private secretaries or confidential clerks (not exceeding two) to the President and each of his Cabinet officers. Indians in the Indian service at large, except superintendents, teachers, teachers of industries, kindergartners, and physicians. Customs: One cashier in each customs district. One chief deputy or assistant collector in each customs district whose employés number as many as 150. Postal: One assistant postmaster, or chief assistant to the postmaster, at each postoffice. One cashier of each first-class postoffice, when employed under the roster title of cashier only. Internal Revenue: One cashier in each internal revenue district. (See the latest Report of the C. S. Com., "at the principal public libraries," in which the rules, regulations, legal opinions, &c., appear in full.)

It provides for non-competitive examinations when competent persons do not compete, and for several other cogent and justifiable reasons. Competitive examinations for promotion are compulsory. The educa

*The new (1896) rules, among other things, provide that all willful violators of the law or its rules "shall be dismissed from office;" that (right or wrong, as the case may be), "examiners shall not all be adherents of one political party, when persons of other political parties are available and competent to serve;" that, except veteran soldiers, sailors, &c., in " filling vacancies in positions for which competitive tests are not practicable, the registration of applicants shall be in the order in which they fulfill the requirements prescribed;" that "when two or more eligibles on a register have the same average percentage, preference in certification shall be determined by the order in which their applications were filed:" that "the termi of eligibility shall be one year;" that "every applicant for examination must be a citizen of the United States; that temporary appointments shall not exceed six months; that, with a few reasonable exceptions, appointments in, or direct details from, Washington, D. C., offices shall be, as nearly as possible, apportioned among the States, Territories, and District of Columbia in proportion to population; and a somewhat similar rule governs appointments outside of Washington

EDUCATION, AGE LIMITS, ETC.

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tion required in examinations for ordinary offices embraces common-school studies only, and in many cases only a few of these. The chief age limits are:

Depatmental service: Page or messenger boy, minimum, 14; maximum, 18; apprentice (or student), 16, 20; printer's assistant and messenger, 18, no limit; railway mail service, 18, 35; superintendent, physician, supervisor, day school inspector, and matron, Indian service, 25, 55; all others in Indian service, 21, 45. Customs: Clerk and messenger, 20, n. 1.; others, 21, n. 1. Postal: Carrier, 21, 40; others, 18, n. 1. Government Printing: Males, 21, n. 1.; females, 18, n. 1. Internal Revenue: Clerk, 18, n. 1.; others, 21, n. 1. Soldiers and sailors may be examined on the written consent of the War and Navy Secretaries.* Other important provisions of the law are: It declares that its officials shall not "coerce the political action of any person or body, or interfere with any election," and dismission is the penalty of a violation of the provision. It forbids any questions as to an applicant's political or religious opinions, and when such opinions are known, any discrimination on account of them. Further, it requires its officials to discountenance the disclosure of such opinions. And again dismission is the penalty. It forbids the appointment to office of persons who habitually use intoxicating liquors to excess. It limits the number of members of the same family who may hold office in the grades covered by it. It forbids its three Commissioners, "not more than two of whom shall be adherents of the same party," from holding any other office under the United States. It authorizes the President to remove any Commissioner. An appointing officer may, if he deems it for the good of the service, object in writing to making an appointment, and refer the matter to the Commission for investigation. No eligible person can be cer

*For further information about competitive examinations, and also some facts about trial by probation, as well as a few other facts pertinent to the above summary, see Chapter II (page 26).