applicant for a place must win his or her own way to it by good char acter and superior capacity.

It is one of the salutary effects of the new system that it has taken away all the inducements to bring supernumeraries into the service, or even to fill a vacancy without a real necessity of having it filled.

IV.

The leading facts have been presented which illustrate the bearing of the Civil Service Act upon the independence and responsibility of the Legislative and Executive branches of the Government. It is plain that none of the places in the classified service can be promised or filled by executive officers in such a way as to affect confirmations pending in the Senate, appropriations desired from the House, or investigations feared by either body. Members of both houses, relieved of the compromising occupation of office-begging, will have more time for the vast work of legislation, for which, year by year, the sessions of Congress are becoming more and more inadequate.*

It may be hoped that this first step towards a restoration of the constitutional counterpoise and independence of these great branches of the Government, always held so vital in theory, may incline our higher institutions of learning to supply a more adequate teaching in aid of making such counterpoise and independence salutary facts rather than remote ideals in our administration.

It has been an injustice of the past that it has held the political and official classes alone responsible for the patronage system and its abuses. In the future we may hope it will be more clearly seen that false theories and opinions concerning parties and administration, while not the causes of the evils of that system, are the greatest sources of its strength. Those with whom rests the duty of shaping the minds of our youth have a grave responsibility for the pernicious theories which have prevailed. As we are not likely to make fundamental changes in our institutions, all the good which can come from the liberal principles of our Government must spring from its administration. Yet the science or the principles according to which our Federal administration should be carried on, are too rarely made a matter of systematic or thorough instruction.

SUGGESTIONS.

The civil service act provides for such suggestions in the reports of the Commission as it may approve "for the more effectual accomplishment of the purposes of this act."

1. It would seem plain that since the subordinates at the post-offices and customs offices, to which the rules extend, are no longer appointed on the basis of a party test, consistency not less than the efficiency of the service forbids the application of that test for the selection of collectors or postmasters at such offices. Only on that condition can these

*The late President Garfield declared that one-third of the working hours of members, in his time, was required for attending to matters connected with getting offices.

offices be taken out of party politics and become-in fact as they are in legal purpose-mere business agencies of the Government.

2. The new system would be much strengthened by such an amendment of our bribery laws as would bring within them other corrupt considerations for official wrong doing than those which are merely pecuniary. Every corrupt exercise of the power of nomination, promotion, transfer, or confirmation, even though the corrupt consideration may not be "a thing of value," should surely be an offense under our bribery laws. Laws with this scope have long been enforced in England, and our courts have sometimes appealed to them in aid of punishing official corruption which the bribery laws of this country fail to reach. The civil-service law enacted in the State of New York last winter supplies the deficiency, and the fourteenth section of that act is hereto attached as Appendix No. 8.

In our view no change in the civil service act is now needed for fairly testing the new system. Though the change was great, we are not aware that the public business has been anywhere delayed, that any citizen has been injured, or that any difficulty worthy of notice hinders the continuous enforcement of the act and rules.

The work thus far has occupied the entire time of the Commissioners and has taxed their energies to the utmost. To the grave difficulties which, at the outset attended the organization of a system so new and extensive, have succeeded perplexing questions inseparable from this stage of its enforcement. The devising and revision of many blank forms, the preparation of appropriate series of questions for all kinds of examinations, the correspondence with the heads of the Departments, and so many offices as are affected by the Rules, and with the numerous and widely scattered Boards of Examiners-answering inquiries, interpreting law and rules, and giving instruction for procedures, the revis ions of examinations on appeal, and a multitude of daily recurring duties connected with the administration of the rules-all these have taxed the Commission heavily. It entered upon no highway, but has had to make its road as it has advanced. If under such circumstances the Commission has failed in fully meeting the public expectation and demand, it will not occasion surprise. We cannot doubt that the most difficult stage is passed. But it will require some years of careful study and prudent adjustment to carry into full effect the practical methods authorized by the civil service act.

The clerical force of the Commission, however, is inadequate. It has been worked beyond the customary hours of the Departments. At least one additional clerk seems indispensable.

The Commission records its high appreciation of the fidelity and efficiency with which every one in its office has performed his work.

In submitting this report it is proper for the Commission to declare that in every stage of its work it has had the constant and unwavering support of the President.

APPENDIX No. 1.

[Chapter 27, Statutes at Large, vol. 22, p. 403.]

AN ACT to regulate and improve the civil service of the United States,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as Civil Service Commissioners, and said three commissioners shall constitute the United States Civil Service Commission. Said commissioners shall hold no other official place under the United States. The President may remove any commissioner; and any vacancy in the position of commissioner shall be so filled by the President, by and with the advice and consent of the Senate, as to conform to said conditions for the first selection of commissioners.

The commissioners shall each receive a salary of three thousand five hundred dollars a year. And each of said commissioners shall be paid his necessary traveling expenses incurred in the discharge of his duty as a commissioner.

SEC. 2. That it shall be the duty of said commissioners:

FIRST. To aid the President, as he may request, in preparing suitable rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect.

SECOND. And, among other things, said rules shall provide and declare, as nearly as the conditions of good administration will warrant, as follows:

First, for open, competitive examinations for testing the fitness of applicants for the public service now classified or to be classified hereunder. Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the service into which they seek to be appointed.

Second, that all the offices, places, and employments so arranged or to be arranged in classes shall be filled by selections according to grade from among those graded highest as the results of such competitive examinations.

Third, appointments to the public service aforesaid in the departments at Washington shall be apportioned among the several States and Territories and the District of Columbia upon the basis of popula tion as ascertained at the last preceding census. Every application for an examination shall contain, among other things, a statement, under oath, setting forth his or her actual bona fide residence at the time of making the application, as well as how long he or she has been a resident of such place.

Fourth, that there shall be a period of probation before any absolute appointment or employment aforesaid.

Fifth, that no person in the public service is for that reason under any obligations to contribute to any political fund, or to render any

political service, and that he will not be removed or otherwise prejudiced for refusing to do so.

Sixth, that no person in said service has any right to use his official authority or influence to coerce the political action of any person or body.

Seventh, there shall be non-competitive examinations in all proper cases before the commission, when competent persons do not compete, after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the commissioners as to the manner of giving notice.

Eighth, that notice shall be given in writing by the appointing power to said commission of the persons selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such persons after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by said commission.

And any necessary exceptions from said eight fundamental provisions of the rules shall be set forth in connection with such rules, and the reasons therefor shall be stated in the annual reports of the commission.

THIRD. Said commission shall, subject to the rules that may be made by the President, make regulations for, and have control of, such examinations, and, through its members or the examiners, it shall supervise and preserve the records of the same; and said commission shall keep minutes of its own proceedings.

FOURTH. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this act.

FIFTH. Said commission shall make an annual report to the Presi dent for transmission to Congress, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act.

SEC. 3. That said commission is authorized to employ a chief examiner, a part of whose duty it shall be, under its direction, to act with the examining boards, so far as practicable, whether at Washington or elsewhere, and to secure accuracy, uniformity, and justice in all their proceedings, which shall be at all times open to him. The chief examiner shall be entitled to receive a salary at the rate of three thousand dollars a year, and he shall be paid his necessary traveling expenses incurred in the discharge of his duty. The commission shall have a secretary, to be appointed by the President, who shall receive a salary of one thousand six hundred dollars per annum. It may, when necessary, employ a stenographer, and a messenger, who shall be paid, when employed, the former at the rate of one thousand six hundred dollars a year, and the latter at the rate of six hundred dollars a year. The commission shall, at Washington, and in one or more places in each State and Territory where examinations are to take place, designate and select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the department or office in which such persons serve, to be members of boards of examiners, and may at any time substitute any other person in said service living in such State or Territory in the place of any one so selected. Such boards of exam

iners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend before them; and where there are persons to be examined in any State or Territory, examinations shall be held therein at least twice in each year. It shall be the duty of the collector, postmaster, and other officers of the United States, at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations, and in all proper ways to facilitate the same.

SEC. 4. That it shall be the duty of the Secretary of the Interior to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated, and lighted, at the city of Washington, for carrying on the work of said commission and said examinations, and to cause the necessary stationery and other articles to be supplied, and the necessary printing to be done for said commission. SEC. 5. That any said commissioner, examiner, copyist, or messenger, or any person in the public service who shall willfully and corruptly, by himself or in co-operation with one or more other persons, defeat, deceive, or obstruct any person in respect of his or her right of examination according to any such rules or regulations, or who shall willfully, corruptly, and falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined hereunder, or aid in so doing, or who shall willfully and corruptly make any false representations concerning the same or concerning the person examined, or who shall villfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed, employed, or promoted, shall for each such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not less than ten days, nor more than one year, or by both such fine and imprisonment.

SEC. 6. That within sixty days after the passage of this act it shall be the duty of the Secretary of the Treasury, in as near conformity as may be to the classification of certain clerks now existing under the one hundred and sixty-third section of the Revised Statutes, to arrange in classes the several clerks and persons employed by the collector, naval officer, surveyor, and appraisers, or either of them, or being in the public service, at their respective offices in each customs district where the whole number of said clerks and persons shall be all together as many as fifty. And thereafter, from time to time, on the direction of the President, said Secretary shall make the like classification or arrangement of clerks and persons so employed, in connection with any said office or offices, in any other customs district. And, upon like request, and for the purposes of this act, said Secretary shall arrange in one or more of said classes, or of existing classes, any other clerks, agents, or persons employed under his department in any said district not now classified; and every such arrangement and classification upon being made shall be reported to the President.

Second. Within said sixty days it shall be the duty of the PostmasterGeneral, in general conformity to said one hundred and sixty-third seetion, to separately arrange in classes the several clerks and persons employed, or in the public service, at each post-office, or under any postmaster of the United States, where the whole number of said clerks and persons shall together amount to as many as fifty. And thereafter, from time to time, on the direction of the President, it shall be the duty of the