Mr. Moon, Civil Service Reformer

Not satisfied with a favorable report on one of his bills requiring the Civil Service Commission to hold competitive examinations immediately for practically all of the 2400 assistant postmasters, Mr. Moon of Tennessee has persuaded the House committee on post offices and post roads to report a second bill amending the postal and civil service laws which seeks to accomplish the same purpose. While Mr. Moon's intentions may be beyond criticism, yet we beg to point out that the assistant postmasters were classified in September, 1910. President Taft's order did not automatically give the assistant postmasters a competitive classified status; instead no assistant then in office could receive such a status until he had satisfied the postmaster general as to his efficiency. Under this provision of the order about 1700 of the assistant postmasters appointed prior to the issue of the order have satisfied the post office department of their efficiency, evidence having been obtained from reports of postmasters, post office inspectors and other officers. Approximately 560, or 24 per cent., have been appointed under the civil service rules and regulations, either by promotion, transfer, or through open competitive examination. All of the 1700 assistant postmasters carried into the service by Executive order have been in office for more than three years. Since the issue of the order they have been forbidden to take any part whatsoever in politics other than to cast their votes and express their political opinions in private. They have been required to devote their time to the duties of their office and have depended upon the security given them through competiTo require tive classification, won by faithful service. To require them now to enter a competitive examination for appoint. ment which would give no guarantee of reward for efficient service can only result in disturbance to the service and the establishment of a precedent which may easily leave our civil service completely unstable and disorganized.

A Model Civil Service Law

We devote considerable space to a review of the majority and minority reports of the committee appointed by the Assembly of Civil Service Commissioners to draft a model civil service law. The League has had a committee at work on this important problem for nearly a year, and in urging the Assembly at its recent meeting in Pueblo to postpone action for another year, it believed that further

consideration was necessary before a draft of a law was finally submitted to the public. The purposes of the committees of the Assembly and the League are identical in desiring to provide an effective civil service commission with jurisdiction over the whole problem of employment not subject to the political influence of the chief executive. It is to be hoped that by further conferences by the committees some compromise can be effected so that a draft of a law may be presented to the various legislatures which will meet the approbation of both bodies.

The Raid on the Workmen's Compensation Commission

The proposal of the New York State workmen's compensation commission to have placed in the exempt class 23 positions in the new department places a heavy responsibility on the State Civil Service Commission and Governor Glynn. The list of positions includes, among others, 18 assistant deputy commissioners, calling for persons trained in the insurance field, with capacity to make surveys and inspections, an inspector of risks and safety engineer, who must have a knowledge of the causes and prevention of industrial accidents, and a few minor positions like assistant to the secretary and assistant cashier. The workmen's compensation commission has the administration of important work, which will break down through the appointment of incompetent political employees. To throw these places into politics, which would be the result if they are finally taken from the competitive class, would imperil the whole system and sacrifice the well being of the families of thousands of working men to the selfish interests of a few political leaders. Not an exemption should be allowed until the fullest proof has been presented that competitive examinations are impracticable.

The workmen's compensation commission has presented no real evidence to show that competition is impracticable, but has urged that exemptions are necessary to organize immediately the new department. The New York Civil Service Reform Association, believing that such exemptions would be harmful and disastrous, has pointed out that they are entirely unnecessary to the immediate proper organization of the department; and that honestly conducted practical competitive examinations will, not only in the long run, but immediately, work to secure the highest efficiency in the department.

While the State Commission has no right to consider the character of the proposed appointees in its action on this application, yet the people may confidently expect that the appointment of persons without qualifications for the positions will follow their removal from the merit system. In filling the ten exempt positions of deputy commissioner, the workmen's compensation commission distributed these important positions largely on a political basis. Thomas Drennan, leader of the Fourth Assembly District, Kings County; Patrick Whitney, an active member of C. F. Murphy's Anawanda Club; and John N. Fitzgibbons, ex-mayor of Oswego and legislative representative of the Brotherhood of Railway Trainmen, were conspicuous appointees.

If Governor Glynn needs any further argument for the organization of the rest of the force of the workmen's compensation commission on a competitive basis, we offer the appointments of the deputy commissioners as an object lesson.

A Draft of a "Model Civil Service Law"

At the annual meeting of the National Assembly of Civil Service Commissioners held in New York City in 1913 a committee of the Assembly, consisting of Hon. Robert Catherwood, president of the Cook County Civil Service Commission; F. E. Doty, chief examiner of the Los Angeles County Commission; John T. Doyle, secretary of the United States Civil Service Commission; Hon. Lewis H. Van Dusen, a member of the Philadelphia Civil Service Commission; and Hon. Henry Van Kleeck, president of the Colorado State Civil Service Commission, was appointed to draft a model civil service law. Mr. Doty was unable to serve, and Hon. Charles G. Morris, president of the Connecticut State Civil Service Commission, was added to the committee. At the request of the Assembly, the Council of the National Civil Service Reform League appointed as a committee to co-operate with the committee of the Assembly Robert D. Jenks, of Philadelphia, chairman of the Council of the League; Elliot H. Goodwin, of Washington, a member of the Council and secretary of the Chamber of Commerce of the United States of America; and Robt. W. Belcher, of New York, then secretary of the League and now secretary of the New York City Civil Service Commission. The first meeting of the joint committee was held in Washington April 2, 3 and 4, when Messrs. Catherwood, Doyle, Van Dusen, Jenks, Goodwin and Belcher gathered to discuss a draft of a model civil service law prepared by Hon. Robert Catherwood, a member of the Assembly's committee and a member of the Council of the League. Most of the time was given to consideration of the section providing for appointment of civil service commissioners through competitive examination. Finally, by a vote of four to one, Mr. Doyle not voting, a provision for the appointment by the governor of civil service commissioners for overlapping terms of six years each was substituted for Mr. Catherwood's proposal.

The committee of the Assembly met again in Cincinnati on May 8 and 9 to discuss and formulate a report for submission at the annual meeting of the Assembly to be held in Pueblo on June 11 and 12. The members of the committee of the League were not invited to attend the meeting held in Cincinnati and the report submitted to the Assembly contained provisions inconsistent with the provisions adopted at the meeting of the joint committee held in Washington in April. A provision for the appointment of civil service commissioners through competitive examination was included as a part of the Assembly's bill. The report submitted at the meeting of the Assembly was signed by the members of the Assembly's committee with the exception of Mr. Van Dusen. Mr. Van Dusen dissented from the report submitted by the majority of that committee and presented a minority report.

The report of the majority of the committee stated that the draft of a civil service law was based upon four principles of the merit system, namely, that government should be controlled by the people; that public offices and places which are not directly charged with the conduct of general political policies belong of right to all of the people; that the civil service shall be efficient; and that the government in its capacity as an employer should be just and fair to its own employees. In carrying out these principles in the draft of a civil service law the majority report provided for the appointment of civil service commissions, state and municipal, through competitive examinations. The bill provided that the governor of a state (adopting the law) should appoint "(a) a person who has served within the United States continuously for

two or more years as a member, secretary or chief examiner of a federal, state, county or municipal civil service commission; (b) a person who has been engaged continuously for two or more years in selecting trained employees for positions involving professional or technical skill; and (c) a person who has served for two or more years as a judge of a court of record within the state; said three persons aforesaid to constitute a board of special examiners to conduct an examination under the provisions of this act for the purpose of preparing a list of the names, in the order of their relative excellence, of persons eligible to appointment to the office of state civil service commissioner." It provided that the governor should appoint a civil service commission from the resultant eligible list and that the commission so ap pointed should furnish eligible lists for civil service commissioners for municipalities throughout the state. Removal provisions for civil service commissioners in the report of the majority required that no civil service commissioner should be removed "except for malfeasance in office, gross neglect of duty or palpable incompetence upon written charges with specifications filed by a citizen of the state and after an opportunity to be heard in his own defense before a trial board consisting of (1) two persons each holding the office of judge of a nisi prius court in and for the county in which such commissioner resides; or if there be more than two judges, then the two senior in age; or, if there be but one, then the person holding said office in a judicial district comprising said county; or if there be more than one such judge, the one senior in age shall serve; and (2) a third person selected by the two judges aforesaid to act with them as a member of such trial board." It was provided that the decision of this trial board should be final. The draft also

provided that the civil service commission should have power to standardize salaries and classify positions according to the duties to be performed; that the highest person on an eligible list should be certified to fill a vacancy in the service, and that removals in the classified and graded services (charges to be brought by any citizen or taxpayer) should be by the civil service commission or by some officer or board appointed by the commission having jurisdiction over the position in question. The law contained a section restricting political activity on the part of employees, except to allow them to cast their vote at election, to maintain membership in a political club and to seek or accept election or appointment to office as public school director or member of a board of education or a library board.

Mr. Van Dusen, in submitting his objections to the majority report, said:

A model civil service law should not be confused with an ideal civil service law. The fundamental essentials of a model

law are that it should be adaptable, acceptable, and practicable. These requisites do not necessarily pertain to an ideal law. I understand it to be the function of this committee to draft a model civil service law and not an ideal civil service law. The model civil service law must be adaptable in that it must meet the needs of the time and fit readily into the ordinary scheme of government; it must be acceptable in that the legislative bodies or the electorate to whom it is presented for adoption must understand its principles, believe in them and seek to carry them out; it must be practicable in that its features must be capable of administration by ordinary individuals without upsetting the usual processes of government, guaranteeing to employees in the public service due consideration, guaranteeing to citizens equal rights in public employment, and at the same time giving appointing officers their full measure of consideration. No law can meet these requisites which assumes that all virtue is vested in the men who might compose the civil service commission, or which assumes that members of civil service commissions will be devotees of a great principle and that all appointing officers will be opponents of that principle.

The majority report lays down as its first cardinal principle

"that government should be controlled by the people," and yet one distinctive feature of that report is that it places the civil service commission beyond the reach of the people or of any official so far as its administrative policies, methods of work, and results obtained are concerned. The commission is placed absolutely beyond reach and can do anything it pleases so long as it does not give cause for a suit at law. While it is true that the law submitted in the majority report provides for the removal of commissioners after court trials for malfeasance in office, gross neglect of duty or palpable incompetence, nevertheless, I submit that such a method of removal would in no wise prevent the carrying out of administrative policies on the part of a commission, which policies might be diametrically opposed to the will of the people. For example, this method of removal affords no check upon the undue laxity or rigidity of a commissioner's examinations or upon the equity or inequity of its policy for fixing salaries, the soundness or farcical nature of its grading the service, the equitable or inequitable nature of its decisions in connection with removals, or, in fact, any of its administrative methods. The majority report embodies a law of interesting but undesirable aspirations rather than model provisions. It is a law overwhelmed with details rather than clear in fundamentals. It combines selection, appointment and removal of employees in one man or a body of three men who cannot be reached except for serious and proved charges. The spoils system combined these functions in one man or group of men, but they could be at least periodically reached. This combination paves the way for the civil service commissioner to acquire all the bad habits of a spoilsman with one of his responsiveness to public opinion. It presumes, which cannot be fairly presumed, that proper motives will always impel civil service commissioners. It creates a self-perpetuating body controlling one of the important branches of government, which is an unheard-of thing in our country. It completely eliminates the appointing power as a controlling factor over his employees, and, in fact, he cannot impose the slightest punishment or corrective any more than any other citizen or taxpayer. The commission is given legislative powers, as in fixing salaries and grades; judicial powers, as in the matter of removals and penalizing of employees, and, in addition thereto, its general executive functions. It creates an unwarranted difference between the appointment and removal of civil service commissioners and the heads of other great administrative departments. It assumes that a mayor, for example, is competent to appoint a man to conserve the health and sanitation of the community, but is incompetent to appoint men to examine applicants for public employment.

Mr. Van Dusen then took up section by section the law submitted to the Assembly by the majority of the committee. With regard to his objections to the provisions of the law relating to the appointment of civil service commissioners through competitive examination, he said:

(a) It eliminates the bi-partisan feature of civil service commissions. Much of the confidence which the public feels today in the merit system of civil service is due to the fact that men of opposite political sentiments are associated on all commissions.

(b) Its tendency is to substitute expert knowledge for administrative ability and business experience in a position largely concerned with administrative policies. We certainly need civil service experts in the positions of chief examiners and efficiency engineers and other employees of the commission, but, when we are selecting civil service commissioners to outline the policies of the civil service work, what we really need is sympathy with the merit principle, together with administrative power and broad business experience. . When we come to the selection of a man to administer a great principle in government, we do not want expert knowledge so much as we want sympathetic appreciation of the purposes of the principle, in the absence of which appreciation removal should at least be made easy.

I submit that there is no more reason for placing the heads of executive departments in the exempt class [see section 1, clause (b)] than there is for placing commissioners therein, and in this respect the law submitted by the majority is inconsistent. Furthermore, it is a well-known fact that when a new civil service system is established the people are not accustomed

to it and are not sure that its workings are proper, and the result invariably is that competition in the early stages of the work is not what it should be, and yet, here is a scheme proposed to have the very first examination determine who shall be at the head of the system.

(c) It deprives the administrative officers of any chance whatsoever to insure co-operation between the department of civil service and the other departments in the government. What assurance have we that a civil service commission will invariably put forth its best effort to provide the best men for the city service and to render its decisions in a fair and square manner? All men are human and there is just as likely to be an improper motive impelling a civil service commission as an appointing officer. Here we have a plan proposed whereby three men, or one man, as the case may be, will control the entire subject of public employment and be in no way responsible for their policies to the officials in the service or the people.

He also dissented from the method offered in the majority report for the removal of civil service commissioners from office for the following reason:

In the last analysis responsibility for the failure or success of an administration rests upon the executive head thereof. No system of argument will shift that responsibility from his shoulders to those of others. My contention is that if an executive head of a government finds a civil service commission or any other appointees wilfully hampering his administration he should have the final power of removal; otherwise he is put in the position of having to take the blame with no recourse. His actions should be subject to maximum publicity, but his power should not be withdrawn. Under the majority report it is perfectly possible that we might find ourselves with executive officers far more in sympathy with a genuine system of civil service than the civil service commission itself.

Other provisions which Mr. Van Dusen objected to include that restricting the age of candidates for appointment to the position of civil service commissioner to men under seventy years; that making removal of an appointee at the end of his probationary period subject to the approval of the civil service commission; and that concerning removals in general in the service.

Mr. Van Dusen pointed out a large number of other imperfections and defects in the drafting of the law and concluded his report with the following statement:

In conclusion, let me say that the promulgation of a model civil service law is the most important undertaking this Assembly has assumed within my knowledge. How essential it is, therefore, that every phrase of such a law be most profoundly studied and most carefully drawn. Not only that, but how essential it is that such a law be endorsed in detail by the other old and important bodies of civil service advocates of the country. The forces actively fighting for civil service reform are not numerous. They must unite and present a solid front if they would advance. Your committee has been able to hold only two meetings. It co-operated with only one similar committee, and then only at its first meeting. It would be a great misfortune if this Assembly should sanction a law novel and radical in many of its provisions without attempting to secure the indorsement of the National Civil Service Reform League. Furthermore, why should this Assembly deny itself the added strength of the indorsement of its model law by experienced executives, chief examiners, legislators and business men of high standing?

Mr. Van Dusen also reported that he was authorized by the members of the committee appointed by the League to state that they concurred in "that part of the minority report which deals with the question of the appointment of civil service commissioners, and with the provisions relating to removals of employees at the close of the probationary period."

As stated elsewhere in this issue, both reports were laid on the table and the committee was instructed to consider the subject for another year and report at the Los Angeles meeting.

352.905 G65

GOOD

VOL. XXXI

The Flood bill.-It is quite probable that the House Committee on Foreign Affairs will make a favorable report on the Flood bill, which enacts into law the Executive orders of June 27, 1906, and November 26, 1909, requiring that appointments to positions in the consular and diplomatic services be made from persons whose qualifications have been tested by a non-competitive examination. The National Civil Service Reform League, through its officers, has heartily approved this bill, which has the support of the prominent business organizations throughout the country.

An examination of the Executive orders affecting the

service since President Wilson took office shows that five men have been exempted from the regular examination. for the consular service. All but one of the men have had previous service in the state department, the exception being Rev. Otis A. Glazebrook of New Jersey, appointed as consul at Jerusalem on February 10, 1914. The other four orders affect Wallace J. Young, assistant chief of the bureau of appointments and for four years secretary of the board of examiners for the consular service; John R. Silliman, vice and deputy consul at Saltillo, Mexico, since 1907, to be promoted without regard to the Executive order of June 27, 1906; Wilbur J. Keblinger, formerly commissioner of the United States on the Rio Grande and for more than fourteen years secretary of the International Boundary Commission; and John M. Savage of New Jersey, who was removed as consul at Dundee, Scotland, in the fall of 1897. The President allowed Mr. Savage to be appointed without regard to the Executive order, as it appeared "from the records of the state department that an inspection of Mr. Savage's office in 1896 resulted in a report to the department that the office was in excellent order. Mr. Savage is under fifty years of age, the limit fixed in the Executive order of June 27, 1906, for applicants who desire to take the examination."

Indian appropriation bill a law. The Indian appropriation bill as signed by the President contains no spoils provisions, with the possible exception of the section.

creating the new position of superintendent of the Five Civilized Tribes. It will be recalled that the House specifically exempted 117 physicians in the Indian service from the provisions of the civil service law. The Senate committee refused to agree to this item, but acquiesced in the provision in regard to the position of superintendent of the Five Civilized Tribes, which is to be filled "by the President, by and with the advice and consent of the Senate." When the bill was sent to conference committee the House at first refused to retain the physicians under the merit system, but at the earnest plea of Commissioner Sells and other friends of the merit system agreed to the Senate amendment. The section relating to the 195 farmers receiving more than $50 per month does not remove them from the merit system, but requires each expert farmer to file with the Indian commissioner a "certificate of competency" issued by the president of the state agricultural college "of the state in which the services are rendered." Such a statute will not prevent the Civil Service Commission from holding open competitive examinations for the positions should occasion arise. The result of Commissioner Sells' firm stand is a victory for the merit system.

Director Harris withdraws from gubernatorial contest.-Hon. Wilbur J. Harris, director of the census bureau, recently withdrew from the contest for the governorship of Georgia and will resume his duties at Washington. Mr. Harris' attitude toward his work in the census office is shown by his resignation from the chairmanship of the Georgia Democratic State Committee and

by the following letter sent by him to the chief clerk in the census bureau in May, when he began his campaign for the governorship:

I wish to be telegraphed or written to about any matter of the usual routine and can return to the office on twenty-four hours' notice at any time you deem it necessary for me to be here. Do not consider my interests in Georgia at all, but telegraph me if there is the slightest reason for my return, as I am unwilling to allow my personal matters to interefere in the slightest with my official duties. I would withdraw from the race for the governship before I would do so.

I have already instructed you not to send to Georgia any documents or letters from the census bureau while I am candidate for governor, except those requested in the usual way.

Do not allow any clerk in the bureau to write letters or take any part in my campaign. While I would greatly appreciate such kindly acts, I do not wish to do anything that might prove embarrassing.

As I informed you some time ago, I have paid the clerks for every hour's time they have given to any of my work after office hours at their regular salaries. Many have voluntarily offered to help me, but I have declined to accept for the above reasons. I am depending on you to protect the census bureau from any criticism or embarrassment whatever on account of my absence, or candidacy for the governorship of Georgia.

Non-competitive examinations for commercial attaches. The legislative, executive and judicial appropriation bill, as enacted into law, places the responsibility for the appointment of qualified persons as commercial attaches squarely upon the Secretary of Commerce. stead of being appointed without regard to the provisions. of the civil service law, the section requires that the com

In

mercial attaches shall be "appointed by the Secretary of Commerce after examination to be held under his direction to determine their competency." The National Civil Service Reform League will ask Secretary Redfield to request the Civil Service Commission to hold these examinations.

The Civil Service Throughout the Country

Los Angeles County, Cal.

The courts have again upheld the civil service provisions of the Los Angeles County Charter in a recent decision of Judge Finlayson who refused judicial approval of the transfer of Thomas McAleer from the position of deputy in the county clerk's office to the position of registrar. The Los Angeles County Civil Service Commission has ordered an examination for the position of registrar and Mr. McAleer endeavored to secure a transfer without the approval of the Commission.

On July 25 the Commission held examinations for county counsel, assistant county counsel and deputy, commanding salaries respectively of $4,000, $3,600, and $3,000 per annum. The action of the Commission in holding the examination for the position of counsel successfully meets the issue raised by that advocate of the spoils system, District Attorney Frederick, who tried to secure the place for one of his assistants.

Minnesota

The Minnesota Economy and Efficiency Commission, consisting of thirty citizens who serve without salary, recently made a preliminary report to Governor A. O. Eberhart, embracing three main features, "the reorganization of the executive service, the merit system in the civil service and the budget system of appropriating money." The statements of the Commission with reference to these three features are of sufficient interest to be given in some detail as follows:

"These three features are all bound to one another. The full advantage can be gained only from all three together. The reorganization of the executive service will bring about a much better budget system than would otherwise be possible. The budget system will enforce economy on the reorganized administration. The merit system will prevent any possible abuse of the centralized power. "The worst faults in the present organization of the state government-the same is true of practically every state in the Union-are lack of unity and lack of responsibility. The government is incoherent. There are a multitude of disconnected, unaffiliated departments and bureaus, over which neither the governor nor the legis lature nor the people have effective control. For want of co-ordination, there is duplication of work and an unnecessary number of employees. The Commission's plan will assure co-operation between related officers, fix responsibility, and centralize control. Related bureaus will be grouped under a few executive departments. Each department will be headed by a single director. The directors, with two exceptions, will be appointed by the governor with the consent of the senate. The governor, the direct representative of the people, will thus be responsible for the entire administration. Instead of fifty or sixty independent governments, there will be one state administration.

"To prevent any possible abuse of the power lodged in the governor and the directors, the merit system in civil service is necessary. Under the Commissions plan, all state employees-from the lowest up to and including the

heads of bureaus who stand next under the directorswill be appointed under the civil service examination system, and will be protected from removal for political or other improper reasons.

"The budget system means the substitution of method for what is little better than madness. It means careful consideration of the expenditures as a whole. It means study of the relative needs instead of guesswork. This consideration will be with the executive acting as a unit. The governor will submit to the legislature complete estimates. The legislature will no longer be assailed by the clamor of individual and even subordinate officers. It will be in a position to consider the state's expenditure as one unit made up of related parts. Haphazard extravagance will give place to systematic consideration of appropriations.'

In referring specfically to the merit system the report stated:

"As a protection against possible abuse of power resulting from the centralization of authority in the governor and the directors of the departments, the Commission considers the merit system essential. The state already has a formal merit system, with competitive examinations for appointments, in two of its departments, and in several of the other departments favoritism in appointments has virtually been excluded by the policy of the department heads. The system, however, does not cover the entire service by any means.

"The merit system, commonly called the 'civil service system,' as it exists in the federal government and in various states and cities, is often criticized as tending to inefficiency rather than efficiency. It is claimed that it lays too much emphasis on merely academic qualifications for appointments and too little on personality and adaptability. It is claimed that it prevents the removal of inefficient employees.

"It is possible, however, to avoid these defects. The bill which the commission has drafted differs in a number of respects from most civil service laws, and is believed to be more practical and better calculated to secure efficiency.

"The proposed bill provides for a civil service commission, to consist of three members appointed by the governor with the consent of the senate. Their terms are to be six years, one being appointed every two years, so that the commission will not be the creature of a single administration. The members are to serve without compensation. The detailed work of the commission will be under the charge of a paid secretary to be appointed by the commission.

"The bill provides for the application of the merit system to all except a very limited number of positions. The exceptions include officers elected by the people, directors of departments, or other officers appointed by the governor with the consent of the senate, and members of unpaid boards. The instructors in the university and other state educational institutions will also be exempted from the law, on the ground that they are invariably chosen by reason of their special qualifications and without political influence. All other positions, up to and including heads of bureaus and of institutions, are to be subject to the merit system and designated as in the 'classified service.' At present the bureau chiefs are looked upon as 'political' appointees, and this is not altogether improper in view of the fact that there are no officers above them-except the governor himself—to keep them in touch with the people. Under the Commission's plan, the directors of the great departments will supply the 'lay' element, making it possible to use experts, obtained by the merit system, for the important work of managing the various bureaus and institutions."