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ments at Washington shall be apportioned among the several states and territories and the District of Columbia upon the basis of population - a principle which it is impossible to carry out in practice. (3) In general, private secretaries to the heads of departments, assistants, bureau chiefs, and attorneys and persons called upon to fill emergency employments are exempt from examination.2

The process of removal from the federal service after appointment is a relatively simple matter. The rules require that no person shall be removed from a competitive position, "except for such causes as will promote the efficiency of the service." When the President or head of an executive department 3 is convinced that any employee in the classified service is incapable or inefficient, he may remove such employee without notice. Whenever a subordinate officer recommends to the head of an executive department the removal or reduction in grade of some employee, the head of the department may, at his discretion, require that notice be given to the employee affected and a reasonable time afforded him for answering the same. The Civil Service Commission contends that the complaint frequently heard to the effect that unfit men are protected against removal by the rules is untrue. "On the contrary," says the Commission, "the power of removal for unfitness is with the head of the office. The appointing officer being responsible for the efficient performance of the work of his office, it rests with him to determine whether such cause exists as to require the removal of an employee in order to promote the efficiency or discipline of his office."

The courts do not interfere in cases of removal, on the ground that the right of appointing involves the right of removal and

1A clause was attached to the census bill of 1909 designed to eliminate many frauds connected with residence claims.

The exemptions include a long list of officers filling five printed pages of the Civil Service Report: two private secretaries to the head of each executive department and one to each assistant head, one private secretary to each of the heads of bureaus filled by the President and Senate, all persons appointed by the President without confirmation of the Senate, attorneys and persons receiving not more than $300 in compensation, appraisers at the ports of Boston, New York, and Philadelphia, all persons in the army transport service, and so forth.

'With regard to his own subordinates, of course. •Twenty-fourth Annual Report (1908), p. 87.

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Furthermore, the law makes provision for promotions in the federá ser dice, and some system of efficiency ratings seems ind be able Of course, competitive examinations are establi hed to text the thess of candidates for promotion as well as emndidate v for adimussion, and a list of eligibles for advancement is kept, but candidates for promotion may use, in support of their elvins, recommendations from the chiefs under whom they have ༈ ༈ !f¢*

In mooring promotions, removals, and reductions in rank it is very chifficult to exclude partisan politics from consideration, but attempts ha been made by act of Congress and presidential

lers to protect employees in the classified service from undue political influence, and also to withdraw them from too great activity in partisan politics. The original Civil Service Act przecides that no person in the public service is for that reason under any obligations to contribute to any political fund or to mider any political service, and that he shall not be removed or

otherwise prejudiced for refusing to do so. Furthermore, no person in the public service has a right to use his authority to coerce the political action of any person. No recommendation by a Senator or a member of the House of Representatives, except as to the character or residence of an applicant, can be lawfully received or considered by any person concerned in making examinations or appointments under the Civil Service Act. Members of Congress and executive, judicial, military, and naval officers are forbidden to be involved in soliciting or receiving political assistance or contributions from any officer employed by the United States or from any person receiving compensation from the United States. The practice of soliciting campaign contributions in the buildings occupied by branches of the federal government is likewise forbidden by law.

Other forms of political activities, however, were left by the Act to the control of the heads of departments, and from time to time executive and departmental orders were issued for the purpose of eliminating abuses arising from the active participation of inferior office-holders in party affairs. At length, in 1907, political activity in the broadest sense was placed under the supervision of the Civil Service Commission by an amendment to the rules, adopted by the President, providing that "all persons who by the provisions of these rules are in the competitive classified service, while retaining the right to vote as they please and to express privately their opinions on all political subjects, shall take no active part in political management or in political campaigns." This rule has been construed by the Commission to forbid the use of official positions for the benefit of any political party; and since its adoption it has been interpreted to prohibit the following types of political activity: "Service on political committees, service as delegates to county, state, or district conventions of a political party, although it was understood that they were not 'to take or use any political activity in going to these conventions or otherwise violate the civil service rules'; continued political activity and leadership; the publication of a newspaper in the interest of a political party; membership in a club taking an active part in political campaigns and management; the circulation of petitions having a political object; service as a com

'There is, no doubt, more or less violation in practice.

that the Civil Service Act limits the power of remex-
one instance- refusal to contribute money or servic
cal party. In practice, however, whenever a larg
employees of the same political faith are removed.
presumed that the removal was for political reason
cer making the removals is required to show that
isted for each removal; but the courts will not

7

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Administrative officers are now required to records" of the employees under their supervisio a periodical report giving the several employee gence, punctuality, faithfulness, and accuracy records are filed and used as the basis for pro from the service. The difficulties of makin record are apparent; and it is also evident the tem of rating can reveal the real capacitie Some objection has been made to this syste on the ground that it depends largely upon the supervising officer and that it enco tence on the part of subordinates. On th that, rough and unjust as these efficiency they serve as a valuable deterrent to r ployees who, if left to their own devic they could.

Furthermore, the law makes provisi federal service, and some system of dispensable. Of course, competiti... lished to test the fitness of candid. candidates for admission, and a list kept; but candidates for promot claims, recommendations from the served.

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