The civil service law

Front matter

• ,0"^ "*^ b1

CIVIL SERVICE LAW:

A

Preface

The improvements in the revised edition of this work consist in an Appendix, a new Index, the addition of fresh matter to about thirtypages of the Introduction and various chapters, and tlie correction of a few errors. Tlie Appendix possesses much historical value, for it contains pertinent quotations from the works of many contemporary and recent statesmen not quoted in the body of the book.

The warning of Storey and Washington (pages 225, 226) concerning the dangers of party spirit, sliould be read and heeded by every American. Parties, when they strive solely for principle, are the life of a nation ; but when they strive solely for pelf, patronage, and power, they are its death. Even corrupt party leaders may destroy a republic; sometimes even ambitious leaders may do so. Did a nation ever make a narrower escape than did our own during the slaveholders' rebellion ? Who but ambitious party leaders caused that rebellion ?

Some truthful words concerning the crime of buying and selling votes have been added to page 52. This evil cannot be too soon remedied. Voters should be educated up to a higher standard. The American who acknowledges any man as his poHtical " boss, " at the polls or elsewhere, disgraces the name American. Independent voting and an educational test for voters are what is wanted. The man who cannot botli read and write the English language, should not be allowed to vote. This would supersede the necessity for the so-called Force Bill, for the rule would apply to blacks as well as whites. A few words concerning the crime of business men neglecting to vote would be an important supplement to page 52.

The subject of civil service reform is still one of the greatest issues of the day. The Christian Register (Boston) trul}^ says : '' We are yet on tlie threshold of this the most important reformation in American political history y Other newspapers have testified to the same effect, extracts from a few of w^hich appear on page 240.

There is much work yet to be done. But the outlook is hopeful. If civil service reformers are as vigilant in the future as they have been in the past, ultimate victory is assured. A people who have the intelligence to discover their mistakes and the courage to correct them, are capable of self-government ; otherwise they are not.

Some allowance should be made for the harsh words concerning Mr. Van Buren (pages 76-*79), as they were uttered in the heat of debate.

New York, May, 1891.

Preface To First Edition

The chief object of this work is to defend the principles of the Civil Service Law. It is not a criticism of the law, nor does it treat to anj great extent of civil service economy as such, except in so far as the subject is expounded incidentally, but with ability and in the aggregate with great success, by many American statesmen, extracts from whose works embellish and enrich its pages. These extracts in fact constitute a great part of the civil service history and literature of the country, particularly its early history and literature, and therefore constitute much of the value of this volume. This is well, and is besides opportune, for the subject of civil service reform is one of the greatest issues of the day, and too mucti hght cannot be shed upon it. A work that even aids in elucidating such an important subject ought to be acceptable ; indeed it appears to be one of the needs of the times. The fact that one chapter of the work is mostly devoted to corruption at elections and remedial election laws, only adds to its value, for the subject is not only collateral but of great importance, of as great importance perhaps as civil service reform itself. Whatever may be said of the original parts of the volume, the compiled parts are certainly both useful and instructive reading, and ought to aid in elevating and purifying American pohtics.

The importance of a sound civil service pohcy was never better illustrated perhaps than by the New York Times, when criticising, in 1864, Senator Sumner's civil service bill. It said the subject was second in importance only to the crushing of the then rebellion. The Times was then under the editorial direction of Mr. Henry J. Raymond, a statesman and one of the best known editors of his day.

I am indebted to Mr. Qeorge William Curtis, the President of the National Civil Service Reform League, for valuable suggestions and encouragement to persevere in my researches, and also to the Astor Library for the use of many books. Other obligations are acknowledged here and there throughout the vohime.

This work, it should be understood, refers to the national civil service law. The civil service laws of New York and Massachusetts are patterned after the national law, but of course contain provisions peculiar to themselves. 'V^. H. C.

New York, July, 1888.

Contents

PAGE

INTRODUCTION— History of Civil Service Legislation, Summary of the salient points of the Civil Service Law, experiences of Chief Examiners, number of persons examined yearly, &c. - 1

Chapter I. Fruits And Facts

The law promotes Education, Efficiency, Economy. — Its chief Object. — Its Constitutionality. — In harmony with the Teachings of Madison, Hamilton, and Jay. — Aids instead of Hampers the President, who makes his own Rules for its Execution - -11

Chapter II. Competitive Examinations

Their Utility proved by trial by Probation, examinations for Promotion, contrasts with non- Competitive Examinations, &c. — Appointees independent of Politicians. — Educational requirements. — Opinions and Experiences of practical men, &c. - 26

Chapter III. Some Of The Law's Promises

Reforms of Priceless value Probable. — The danger of Bribery at Elections. — Opinions thereon of Messrs. Buchanan, Harrison, Benton, Jefferson, Barton, Bell, and Graves. — The chief English Election laws from 1275 to 1883 38

Chapter IV. The Patronage And Merit Systems Compared

The superiority of the Merit System shown by various Contrasts. — Picture of an extraordinary Officeseeking Drama (page 58).— How the President and Congressmen are harassed by Officeseekers. — Congressman Kleiner's Experience - - - 53

VI co:n'tents.

CHAPTBE V.

DAKGER OF AK OFFICEHOLDERS' ARISTOCRACY, p^^^. The importance of the Subject. — The Cause of and Remedy for Aristocracies. — No danger in Life Tenures when based on Merit. — Greorge WiUiam Curtis's Opinion of them. — Insolence of Office. — G-reat Depravity of the Roman Aristocracy (note) - 61

CHAPTEE VI.

THE patro:n"age system.

Its practicabihty only Apparent. — Jackson versus Jackson. — Probable causes of his Radical Change.— Marcy's famous Speech and humorous Letter to Buchanan.— Lincoln versus Lincoln.— His overweening Ambition. — The Spoils Doctrine undemocratic and ruinous. — Appalling Corruption at Washington after the Civil War. — The Civil Service Law a Rock to build upon - 71

CHAPTEE VII.

LEADI:N^G STATESMEN'S PRINCIPLES.

The Merit System both Preached and Practiced by the six first Presidents. — Powerful blows at the Patronage System. — A profound Disquisition on its Evils by William Paley of England. — Justice Wilson on Patronage and Official Appointments - - 91

CHAPTEE VIII.

THE POWER OF REMOVAL.

A remedy for its Mistakes and Abuses. — The Power discussed in the first Congress (1789). — The Decision then made criticised by Benton, Webster, and others. — The 4- Years' Term Law - 112

CHAPTEE IX.

COMPARATIVE POLITICAL ECONOMY.

Its Utihty.- — Th© Civil Service Systems of England, Canada, British India, G-ermany, France, Sweden, Norwaj^, and. China - - 177

APPENDIX — Letters to the Albany Evening Journal; words of warning from Storey and Washington ; extracts from Bishop Potter's Centennial Address ; Civil Service Statute - - 195

INDEX 233

PUBLIC OPINION - - - - - - - - 240

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 Keform Association.* The law was preceded by two other laws, namely. Sections 164 and 1753 of the United States Eevised 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 only on which to build, may be found in Sumner^'s Works, vol. viii, p. 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^ was introduced, in 1865, by Eepresentative Thomas Allen Jenckes of Ehode 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.

Vlll 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. ^ayne 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. 3189): ^^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 fiist 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, Eepresentatives, 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 uot only in the interest of economy but to secure examiners who are famihar with the real needs of the offices for Avhich applicants are examined. The examiners receive no extra compensation. (Third An. Rept., p. 43.) Yet many persons favor the employment of paid examiners — experts in their respective lines. Common-sense examiners are what are needed, whether paid or not paid — men who wiU not injure the cause by asking irrelevant questions. A few do so.

X THE EFFICACY OF THE NEW EULES.

provision a misdemeanor^ punishable by fine or imprisonment or both^ and the new rules (adopted February 2, 1888) require that a violation of the latter provision shall be followed by dismission from the service. It exempts from examination — (a) One private secretary, or one confidential clerk, of the head of each classified department, and of each assistant secretary thereof ; and also of each head of bureau appointed by the President by and with the advice and consent of the Senate. (b) Direct custodians of money, for whose fidelity another officer is under oflficial bond ; but this exception shall not include any officer below the grade of assistant cashier or assistant teller, {c) Disbursing officers who give bonds, {d) Persons employed exclusively in the secret service of the government, (e) Chief clerks. (/) Chiefs of divisions. ^^ Other exceptions are: Deputy collectors who do not also act as inspectors, examiners, or clerks ; otherwise not ; cashier, assistant cashier, and auditor of the collector ; chief acting disbursing officer ; deputy naval officers ; deputy surveyors ; assistant postmasters, and superintendents, custodians of money, stamps, stamped envelopes, or postal-cards, who are designated as such by the Postoffice Department. It provides for non-competitive examinations when competent persons do not compete, and for several other cogent and justifiable reasons. As said on page 27, competitors must answer 70 per cent, of the questions asked, except ex-soldiers and sailors, who ar^ required to answer but 65, the old standard. Competitive examinations for promotion are compulsory, except for ex-soldiers and sailors, and the widows and orphans of deceased soldiers and sailors. These also receive preference in case of a reduction of force in any branch of the classified service. All who attain an average of 75 per cent, are eligible to promotion. The education

EDUCATIOK^ AGE LIMITS, ETC. XI

required in examinations for ordinary offices embraces common-school studies only, and in many cases only a few of these. As to the age at which a person may be examined, in the Customs Department clerks and messengers must be 20 years old ; all others 21. In the Postal Department clerks must be 18 years old ; messengers, stampers, and junior clerks must not be under 16 or over 45 ; carriers not under 21 or over 40; all others not under 18 or over 45. Soldiers and sailors may be examined on the written consent of the Secretary of War or the Secretary of the Navy. *

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).

Xll BUSINESS MEIS" FOR POSTMASTERS.

tified for appointment more than three times. When necessary, transfers may be made from one department to another. There are four branches of the classified •civil service, namely, the departmental, the customs, the postal, and the railway mail service. (For the civil service statute itself, see page 228.)

Such is a summary of the chief features of the law and its rules and regulations. The whole is certainly :a good foundation on which to build a sound civil service system. This is proved by experience, for the system is working as satisfactorily as could be expected under the circumstances. The law should be increased in scope till all postmasters, employes of the internal Tevenue service, mints, &c., come within its provisions, with the necessary exceptions of course. Postmasters should be removed only for good cause known to the Postmaster-General or President, or at the request of a majority of the business men of their place of office.* T'urther, where it is practicable to hold promotion examinations, vacant postmasterships as well as subordi-

* Complaints on account of partisan postmasters are not new. As •early as 1848 Postmaster- G-eneral Cave Johnson said (Appendix to Cong. G-lobe, Dec. 2, 1848, p. 30): "There has been for some years past a strong feehng pervading the country that tlie system (the Postoffice Department) had been conducted * * * with the view of promoting party purposes and party organization, rather than the business and social interests it was created to advance — that the ofiBces were bestowed as tlie reward of partisan services, rather than from the merit and qualifications of those selected. * * * The postoffice system was designed for business purposes, * * * and should be in nowise connected with the party politics of the day." As a remedy, Mr. Johnson proposed that ''the Postmaster-Greneral be nominated by the President to the Senate for a specific term of years ; be separated from the Cabinet, and onl}^ removable by impeachment : and the appointment of the principal subordinate officers, for a hke term of years, be given to him ; and to provide that no removal should be made except for good and sufficient cause, to be reported to each session of the Senate."

MR. WEBSTER'S 22 YEARS' EXPERIENCE. XllI

nate positions should be filled by the person standing the best test. The selection of postmasters under the civil service law system would of course require special rules and regulations, just as the other departments do. The politics of a postmaster is about as important to a, citizen as the politics of the fireman who extinguishes a fire in his house. There are now about 3,000 postmasters drawing $1,000 or over a year, who have for this reason to be confirmed by the Senate. In twenty years more the number will probably be 5,000. It is impossible for the Senate to confirm this great number properly and attend to other business at the same time. This is one of many good reasons why postmasterships should be brought under civil service law rules.

The law seems to be working satisfactorily. Chief Examiner AYm. H. Webster of the national service, who has held office in Washington for 22 years, and, like the late Mr. Windom, is ^^able to judge by comparison of the two systems^'' (see page 213) writing (Dec. 1, 1890) in answer to questions propounded by myself, says :

'' With few exceptions, tlie applicants are of good character, and I believe tlie morale of the employes has already been much improved by the merit system. In a vast majority of cases the intelligence of the appointees under this system is of a higher order than that of those appointed under the old system. However, it may be well to state in this connection that the intelligence of the applicants varies. considerably according to the different sections of the Union from which they come. The small percentage of appointees '^ dropped at the end of the probationary period " proves that the appointees possess practical ability. Great injustice is sometimes done civil service appointees and the merit system itself by comparing the service rendered by these newly-made clerks with that of men appointed under the old system — men who have had the benefit of an extended experience in the public service, and many of whom have gradually become efficient clerks by lapse of time and at the expense of the government. The proportion of the qualified applicants who were^ appointed for the year ended June 30i, 1890, was : Departmental

service, about 25 per cent. ; customs service, nearly 20 per cent. ; postal and railway mail services, about 45. These percentages are general averages of all the kinds of examination given in each branch of the service. The proportion of appointments varies of course for the different examinations in any branch of the service. In the departmental service, for instance, a much larger proportion of those who pass technical examinations — stenography, type-writing, specials for the Patent and Pension offices, &c. — are appointed than of those who pass clerk or copyist examinations. In this connection it may be proper to state that the number of applicants has not been increased by the application of the civil service rules, charges by certain spoilsmen to the contrary notwithstanding. Applicants for positions not included under the rules, especially for consulships, are much more numerous than for those under the rules. I have no personal knowledge that tlie examinations have aided any one in securing private work ; but it seems reasonable that they should do so. But I do know that complaints are made that the government is competing too strongly with private industries. The Commission has been informed by certain business men that one government department has been taking the most valuable employes in their establishments, and that they found it impossible to retain an efficient force in consequence. I do not think that failure to obtain public employment is more discouraging or demoralizing than failure to obtain private employment. Non-competitive examinations amount to nothing so far as the great object of the civil service law is concerned."

Chief Examiner Henry Sherwin of the Massachusetts Civil Service Commission says (Nov. 18^ 1890) :

'' The general intelligence of our applicants is as good as that of persons seeking private employment in similar positions. This is especially true of our poUce and fire departments. The latter also excel in physique, proportion, strength, and agility. Of course there is a difference in applicants, as there is in school children. About a third of those examined fail to get the required 65 per cent. A great majority of those who pass examinations show practical abihty, interest in their work, sobriety, and good deportment in every way. The dismissals for cause are fewer in proportion than under the old rules. A few persons have received private employment in consequence of having passed examinations. I thii>k there would be more if it were generally known that the Commission is willing to obUge the public in this way. Some eligibles have had their names stricken

<rfrom the list because their emploj^ers, rather than lose their services, have increased tlieir pay. I do not see how failure to obtain public employment can possibly be so discouraging or demorahzing as failure to obtain private employment. It may be a little disheartening to a person who is certitied, and not chosen ; but it certainly carniot be so demoralizing as seeking private employment now, when the person who does so finds nearly every place for which he thinks he is fitted occupied, and does not always receive a courteous answer from the person to whom he apphes. A majority of those who quahfy in examinations know that their chances of appointment are small, as others have higher ratings. But they have the proud satisfaction of knowing that they have passed absolute tests, and that this fact is a recommendation to them. I think competitive examinations are far superior to non-competitive, and my instructions from tlie Commission are to hold them whenever it can be done, the wishes of some appointing officers to the contrary notwithstanding. But the latter are often held because tlie offices are so poorly paid that men will not compete for them. Two suggestions occur to me. 1. No person who deserves dishonorable dismissal should be allowed to resign, whether charges have been preferred against him or not. When dismissed, he should be placed in such a position that he cannot appear again as an applicant, and thus plague a civil service commission. 2. Every discharge from the classified service should be accompanied by a written statement, signed by the person making it, stating explicitly the cause of the same, a copy of which should be filed with the Civil Service Commission."

Mr. Lee Phillips, Secretary and Executive Officer of the New York City Civil Service Board, says (Dec. 1, 1890) :

'' The character and general intelligence of the applicants is very fair indeed. So far as I know, the appointees, with rare exceptions, show practical ability. I attribute this to the fact that our examinations are very practical. About 40 per cent, of the qualified applicants receive appointment. I know of several instances where persons have obtained private employment through having their names upon our eligible lists. It is not uncommon for private individuals to write to me requesting the names of such persons. Failure to obtain public employment is not, in my opinion, any more discouraging or demoralizing than failure to obtain private employment. Experience leads me to prefer competitive to non-competitive examinations."

XVI CIVIL SERVICE REFORM PROGRESS.

Mr. Wm. Potts, ex-Chief Examiner of New York, reports, amongother things, that a civil engineer of a leading railroad company requested a cop3^ of a list of 16 civil engineers v^ho had passed an examination, with a view of filling a position on the staff of that road.

In the national service the number of persons examined in 1883 was 3,542; in 1884, 6,347; 1885, 7,602; from January 16, 1886, to June 30, 1887, 15,852; July 1, 1887, to June 30, 1888, 11,281; July ]. 1888, to June 30, 1889, 19,060; July 1, 1889, to June 30, 1890, 22,994— total, 86,678. Of the 13,947 who passed in 1889-1890, the education was: common school, 11,594; college, 1,479; business college, 874. 38,608 women have passed examinations since January 16, 1886. 20,060 appointments were made prior to June 30, 1890.

Neiv Y. City.

Massachusetts.

In New York 156* appointees were war veterans; average age about 31 ;* education about 90 per cent, common school. In Massachusetts 226 appointees were veterans (appointed without examination), and about 4 per cent, were women ; education about 98 per cent, cc-nmon school; average age about 34. The 8,320 examinations are exclusive of the Boston and Cambridge labor services, about 1.500 men, who are registered and, after inquiry as to character, &c., certified for employment. One of the best features of this 'labor service' is that the men, when wanted, are notified by mail. No time is lost. The system, which now includes mechanics as well as laborers, should be applied to all large cities. It seems to be about perfect.

Mayor Hugh O'Brien of Boston says (speech in 1885): "I can certainly testify that it has been a great relief to the cit}^ of Boston that the Civil Service Commission has taken care of the laboring population. No men have been more abused than the laborers. They have been made the tools of political tricksters ; and with civil service reform enforced they are no longer in the hands of political tricksters."

* Exclusive of cities, f Only 1,848 of which were non-competitive.

THE CIVIL SERVICE LAW.

Chapter I. Fruits Aistd Facts

The law promotes Education, Efficiency, Economy. — Its chief Object. — Its Constitntionahty. — In harmony with the Teachings of Madison, Hamilton, and Jay. — Aids instead of Hampers the President.

The Civil Service Law, judged by its fruits, is a useful and successful reformatory measure. Its fruits or reforms are necessarily limited in number, for it applies to only about a fifth of the subordinate and non-political public offices. But notwithstanding this fact, it has made a good beginning in reforming the patronage system of distributing offices, and it promises well for the future. One of its best reforms is the relief of officeholders from compulsory political assessments. Another is the making of subordinate official tenures coequal with efficiency and fidelity, instead of their depending on the politics of chief officials. It has also greatly relieved the President, the Cabinet,* Congressmen, and customs, postoffice, and other officials of the annoying and sometimes embarrassing burdens of officeseeking. The National Ci^dl Service Commission, and also the State Commissions of New York and Massachusetts, have received encouraging reports of the utility of the system from nearly every city wherein it has been fairly tried. The New York Commissioners say

* See Secretary Windom's testimony, pages 213, 214.

18 INSPIRED BY GENIUS OF OUR INSTITUTIONS.

(Second Report, p. 84) : " Higher grade employes, better service, reduction in the number employed, and large economy in expenditure are among the prominent results already partially realized."