UonAKr ^NIVERSHYoflLLINOt AN OPEN LETTER To the Honorable G, H. Grosvenor, IN REPLY TO RECENT ATTACKS i ON The Civil Service Law and Rules. AN OPEN LETTER. OFFICE OF THE National Civil Service Reform League, 54 WILLIAM ST., NEW YORK. To the Honorable C. H. Grosvenor, House of Representatives , Washington , D. C. Sir: You are the author of an address of some fifty-two columns length, not as yet delivered, but printed in the Congressional Record of i\ugust n, last, with the permission of the House. In this paper, which you entitle “ Civil Service Reform Run Mad,” you attack the existing civil service law and rules in language somewhat violent, declaring in conclusion that you will “ ask the Congress of the United States to ‘ modify ’ the law,” threatening to repeat the speech itself, by way of argu¬ ment to that end, and adding that no Committee on Reform in the Civil Service, or any other power, shall “ smother” you. Since the reassembling of Congress you have given further evidence of your intentions in this regard. You have assum¬ ed the position of leader in a movement to induce your party to repudiate its pledges, and to take those “backward steps” it has given its word of honor it will not take. You will pardon me, therefore, if, in view of your promi¬ nent relation to this highly important matter I address to you publicly, as the occasion requires, certain exceptions to your arguments, and to your methods, that I trust will have fair consideration. You have based your attacks on the law, and your justification for your course, on a series of either untrue or ir¬ relevant statements peculiarly flagrant in their character and calculated to deceive to a serious degree those who are inter¬ ested in the subject, both in and out of Congress. These statements are contained in your printed speech. It is of the greatest moment, just at present, that they be pointed out plainly, for it is not to be conceived that any considerable proportion of your fellow members, when in possession of the actual facts, will aid you in such a movement as you are en¬ couraging. The merit system in public administration, devel¬ oped by successive Presidents, and consistently maintained by the President whose policy you are now opposing, is too valuable to the people of this country to be sacrificed, or in any degree impaired, through a campaign of false pretences. 4 Let me select from your collection those misstatements that you are in the habit of employing most frequently: THE SCOPE OF THE CIVIL SERVICE ACT. (I.) The civil service law now applies, approximately, to 87,000 officers and employees in the Executive Service, in a total of 178,000. It covers all positions except those in the Legislative and Judicial branches, those filled by the Presi¬ dent subject to confirmation by the Senate, the fourth class post-offices, the common laborers, and several thousand mis¬ cellaneous places of minor grade. The rules except also, from competitive examination, certain deputies, attorneys and private secretaries to the number of 1,200. The examinable classes include, in short, positions the incumbents of which have nothing to do with the carrying out of the political policies of the government, and that are of a business nature only. The law requires that appointments to all of these shall be thrown open, on equal terms, to all citizens, the ultimate selections to be made from among those who are proven by careful exam¬ ination to be most fit. You declare that this condition has been brought about “ illegally ” and “ fraudulently,” and you add: “It (the law) was never intended to cover anything but the De* partments in Washington, and that alone in its application to the cleiical force.” The law declares, practically in its own terms, that it was intended to cover exactly the positions to which it now applies. There are. as you are probably aware, two principal acts regu¬ lating the administration of the civil service. The first is known as Section 1753 of the Revised Statutes, and became a law on March 3, 1871. It provides that the President may “pre¬ scribe such regulations for the admission of persons into the civil service of the United States as may best promote the effi¬ ciency thereof and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of the service into which he seeks to enter,” adding that the President may also establish regulations for the conduct of such persons, after appointment. You will observe that this grant of authority is very sweeping. The act of January 16, 1883, conferred very much the same authority, but went farther, in that it prescribed the methods to be followed and expressly directed that certain parts of the service should be classified at once; leaving the others to be brought in gradual¬ ly, in the discretion of the President. The parts immediately affected comprised the departmental service at Washington— including “subordinates, clerks and officers ,” and those Post- offices and Custom Houses outside Washington, having fifty or more employees. The act then required that the Postmaster- 5 General should “ from time to time, on the direction of the President/’ arrange in like classes clerks and persons in the postal service, “ in connection with any other post-office,” and that the Secretary of the Treasury should perform a like duty with regard to the smaller Customs districts. To provide for all other extensions the act contained the following perfectly explicit language (Section 6, Sub-div. 3): From time to time said Secretary, the Postmaster-General, and each of the heads of departments mentioned in the one hundred and fifty-eighth section of the Revised Statutes, and each head of an office, shall on the direction of the President, and for facilitating the execution of this act, respectively revise any then existing classification or arrangement of those in their respective departments and offices, and shall for the pur¬ pose of the examination herein provided for, include in one or more of such classes, so far as practicable, subordinate places, clerks, and offices in the public service pertaining to their respective departments ?iot before classified for examination. To fix the limit beyond which these extensions should not pass, it was provided that “Any officer not in the Executive branch of the Government, or any person merely employed as a laborer or workman” or, unless by the direction of the Senate, “ any person who has been nominated for confirmation by the Senate,” should not be required to be classified. Then, to make more plain, if possible, the authority granted within these limits, it was further provided (Section 7) that “Nothing herein contained shall be construed to take from the President any authority, not inconsistent with this act, conferred by the 1 753 ^ section of the Revised Statutes.” Referring to the plan and scope of the act, the Senate Committee on Civil Service and Retrenchment of 1882, in their report on the subject to the Senate, wrote as follows: It is conceded that the party in power must fill the higher official places, which fairly represent its principles and policy, and subject to whose legal instructions the whole subordinate administration is to be carried on. But the subordinates in the Executive departments, whose duty is the same under every administration, should be selected with sole reference to their character and their capacity for doing the public work. This latter class includes nearly all of the vast numbers of appointed of¬ ficials who carry into effect the orders of the Executive or heads of de¬ partments, whether at Washington or elsewhere. The Committee then proceeded to explain, what, as we have seen, is so perfectly patent from an examination of the statute itself, that the plan was “ tentative ” in that it was to be applied first under limitations; that it could be “ extended readily at any timeand that ultimately it was to embrace within its scope all of that class of officers mentioned in the paragraph I quote. Following a course that you proclaim to be “illegal ” and “ fraudulent,” successive Presidents have,“ from time to time,” revised the classification, until it now covers a large 6 proportion of the classifiable offices, though not all. The last of the series of revisions made by Presidents Arthur, Harrison and Cleveland, dated May 6, 1896, contains the following preamble: In the exercise of power vested in him by the Constitution, and of authority given to him by 1753d section of the Revised Statutes, and by an act to regulate and improve the civil service of the United States, ap¬ proved January 16, 1883, the President hereby makes and promulgates the following rules, and revokes all others. You will not, except at the risk of chaffing from your legal friends, repeat your charge that the several grants of author¬ ity therein cited do not cover every extension of the civil ser¬ vice rules that has as yet been made. EXTENSIONS HAVE NOT GIVEN PARTISAN ADVANTAGE. (II.) The next statement to which exception must be taken is that, through the several extensions that have been made, and more particularly through those of the last preceding ad¬ ministration, undue advantages have been secured to either one party or the other—secured, in fact, to such a degree that the intervention of Congress is needed to correct abuses. You say, for instance: “ Before I get through I will attempt to show that the greatest brutal¬ ity of spoilsmanship that ever disgraced the American people was under the head and cover and mask of civil service reform, by a technical and absolutely accurate following of this law and the orders of its promulga¬ tion and enforcement by the recent administration.” This, I take it, is at once an inadvertent admission that you were not quite right about the authority for extensions, and a charge that the orders of the last administration, such as they were, served the ends of “ spoilsmanship.” It is not my purpose to defend Mr. Cleveland; I am not sure that in this regard he needs defense; but when you make his orders one of the bases of your attack on the general system I am bound to consider them. Let us have the facts: Mr. Cleveland during his second term, extended the rules to 33,169 positions not previously subject to examination. The exact nature of these positions I shall explain farther on. For the present, it suffices to say that, practically, not one of the incumbents affected was protected from removal for any reason within the judgment or caprice of his superior officer, whether the latter might be a Democrat or a Republican. Your statement that any such employee was “ protected ” by his inclusion in the classified service is absolutely and unquali¬ fiedly false. Such a charge could be made neither against the last administration or any of its predecessors. In view of the exceptionally keen interest you have shown in the operations of the civil service law, I cannot doubt that 7 you have long since discovered that until the orders issued by President McKinley on the 27th of July, last, the civil service rules contained no provision that had been practically oper¬ ative in preventing a dismissal for any reason a superior officer chose to assign. You may say that even though Mr. Cleveland did leave the power of removal practically unrestricted, he had filled so many offices with Democrats before classifying them that the appointment of the successors of these through competitive examination—which is the real result of the extensions—will not equalize the political proportion for some time to come. That, however, would be equally untrue and unfair. As a proof of this I could offer nothing better than a list of the actual classifications since January 16, 1883, arranged with reference to the political character of the administrations under which they have taken effect. The official records show that 13,924. officers and employees were embraced in the original classification in 1883, that 57,707 have been added through Executive extensions, and that 15,467 have come in through the natural expansion of the service. President Cleveland’s order of May 6, 1896, while nominally classifying 31,372, in reality covered 5,063 Navy Yard employes—placed under the rules by Secretary Tracy in 1890—as well as 5,536 Treas¬ ury employees, in the Revenue Cutter Service and other branches, who had been under examination regulations for many years. It included also 5,216 field employments in the War Department, that had been in no sense political. The new classification was made comprehensive for the sake of uniformity. It is to be remembered, as well, that the inclusion of the Railway Mail Service in 1888, was deferred until May, 1889, and must therefore be credited, so far as the actual application of the rules is concerned, to the administra¬ tion of President Harrison. The record of classifications, therefore, will read as fol¬ lows : republican: 1883-5. Original Classification 13,924 1889-93. Extensions of President Harrison, . . 8,690 Railway Mail Service (Ap¬ plication suspended to May 1, 1889), . 5,320 Navy Yard employees, placed under rules by Secretary Tracy, . 5,063 j 32,987 I DEMOCRATIC.: 1885-9. Extensions of President Cleveland, less Railway Mail Service, . 1,939 1893-7. Extensions of President Cleveland, prior to May 6th, 1896, . . 10,396 Extensions of May 6, 1896, less Navy Yard employees, . . 26,309 38.644 (Republican.) 32.987 (Democratic.) 38,684 Less Non-political bran¬ ches, Treasury Bureaus previously under exam¬ ination systems. 5,536 Employees of the Engi¬ neers and others in War Department, . 5,216- io,752 32,987 27,892 Recapitulation : Under Republican Administrations, Under Democratic “ Non-political, 32,987 27,892 io,752 Natural Growth, 71,631 15,467 87,098 The Republican party, which was responsible principally for the enactment of the civil service law, is as clearly entitled to credit for the extensions that have since been made as is the Democratic party; and, I may add, that whatever at¬ tempts you may make to deny that credit, are bound to be profitless. If it is to be assumed that all of the persons classified from time to time have been adherents of the party in power, it will be seen, on examination of the table given above, that the relative proportion has been pretty evenly maintained. What justice there can be in a charge that the extensions of the last administration subserved political ends any more than those of the preceding administrations, it is difficult to conceive. Furthermore, an analysis of the extensions of the Cleveland administration shows an even lower proportion of inclusions that you might term political, than appears from the table itself. Besides the War and Navy employees, 2,061 were Indians employed in the Indian Service, and subject to non-competitive examination only; 4,120 were pension exam¬ ining surgeons, paid by fees and removable from the classified service by a reduction in the amount of such fees. Perhaps 18,000 were of a class either exceeding or approaching in im¬ portance those classified originally in 1883. These are not speculative figures, you will understand; they may be verified with very little trouble if you are disposed to consult the offi¬ cial records. In the branches last mentioned, the political proportion was in some cases preponderantlv Democratic, but in others was fairly equal. There is the Government Printing Office, for instance, concerning which I find abundant mention in your speech. The roster of that office for August 1, 1895, the 9 date on which the rules went into effect, showed that of the 2,710 employees, 842, or 31 per cent., had been appointed by Mr. Benedict, the Democratic Public Printer then holding office, while 1,203, or 44 P er cent., had been appointed by Mr. Benedict’s Republican predecessor, Mr. Palmer, and 665 had served in the office over seven years, both under Mr. Benedict and under Mr. Palmer. I will give a few other in¬ stances: In the Post Office Department, the records show that the total salaries of the superintendents, division chiefs and chief clerks, classified under the order of May 6, was $83,000, and that of this sum the appointees of the Cleveland administration drew $38,300, and the former appointees $45,- 500. In May, 1894, a census of the Pension Office showed that there were 266 Democrats and 1,160 Republicans on the rolls, omitting from the compilation 421 women. On March 3, last, there were in the Sixth Auditor’s Office, according to the sworn statement of Auditor Howard, 216 Democratic em¬ ployees and 271 Republican, the former drawing $257,480 in annual salaries, and the latter $308,560. In the office of the Comptroller of the Currency, still under a Democratic head, three-fourths of the clerks are Republicans, as Mr. Eckels, I think, will cheerfully testify. These are fair illustrations. In other departments-Democrats will be found in a majority, but it is the average we are considering. In the Internal Revenue Service, the Secret Service—an instance you cite—-and in other branches, there is no doubt that the proportion of Democrats left by Mr. Cleveland was large, but these cases differ little in degree from that of the Free Delivery Post Office Service, where the 7,600 employees classified by General Harrison were Republicans almost to a man. The changes under the last administration that attracted the most attention were, undoubtedly, those in the higher offices of the Treasury and Interior Departments. There, many good officers, division chiefs and others, were unjustly removed, but the subsequent classification of the positions did not prevent the correction of such injustices. The proof of this is right at hand, for there have been many changes among officers of this class under the present administration. In the Pension Bureau there are but two of the old chiefs, out of twenty, that remain. To recapitulate : Is there a case in the entire list where a classified employee has been “ pro¬ tected ” by Mr. Cleveland’s orders; is it not plain that the political proportions of the service have been equally main¬ tained, and if not,—and it were important that they should be, —is it not perfectly patent that it has been wholly within the power of the officers of the present administration, regardless of President Cleveland’s acts, to correct as many inequalities as they might have seen fit ? IO REMOVALS NOT GOVERNED BY THE LAW : THEIR PROPORTION. (III.) In another part of your paper you print a number of tables showing in detail the changes in the departmental ser¬ vice during the past administration. You declare that a careful study of these figures will enable one to reach : “ A comprehension of the magnitude of this sweep—all done under the head of civil service reform. '’ Herein you admit, perhaps again inadvertantly, that the “ protection ” you have talked about does not exist, for the removals mentioned occur in both classified and unclassified places. It is necessary to remind you again, nevertheless, that these things were not done “ under the head of civil ser¬ vice reform,” for the reason that the rules at that time gov¬ erned neither removals nor reductions. Why you should charge the law with responsibility for failing to accomplish that for which there was no provision in the law, is unfathom¬ able. Your own tables, however, convict you of other strange conceits. They show that the changes made were relatively few, and that your story of thousands of places vacated by Mr. Cleveland, to be filled by his appointees, and placed “ under the protecting aegis ” of civil service reform, is sadly at fault. You include the figures for the Department of Agriculture, which were prepared on a different basis from the others, and covered many hundreds of crop reporters and similar em¬ ployees, who are changed frequently and for all sorts of rea¬ sons. For the sake of clearness I will leave out this Depart¬ ment—which is a little one and can be spared—and give the figures revised, as follows : SEPARATIONS. DEPARTMENT. Removals. Resigna¬ tions. Deaths. Total Positions in Departments. Competitive. Unclassified or Excepted. Competitive. Unclassified or Excepted. Competitive. Unclassified or Excepted State. 2 T 6 8 1 J 1 Treasury. 395 728 376 290 86 3 1 4,443 War. 298 71 227 30 76 12 1,317 .Navy. 4 51 II 20 9 10 450 Post Office. 16 73 45 36 11 2 991 Interior. 353 301 296 245 IIO 16 3,556 Justice. 1 1 8 35 2 n 0 137 1,069 1,226 969 664 295 74 Totals. 2,295 U633 369 11,016 Totals II APPOINTMENTS AND CHANGES OF STATUS. DEPART¬ MENT. ♦Appointments. Reinstate¬ ments. Promotions. Reductions. 1 Competitive. Unclassified or Excepted. Competitive. Unclassified or Excepted. Competitive. Unclassified or Excepted. Competitive. Unclassified or Excepted. State . 9 19 j — 21 2 7 3 T reasurv.. . 726 1,144 no 80 1,370 245 347 7 i War. 152 133 — — 375 12 268 2 Navy. 39 80 — 45 19 19 8 Post Office, 93 161 — 226 18 58 4 Interior.... 345 684 180 145 i, 34 i 228 630 38 Justice. 90 5 — 61 23 1 i ,454 2,226 291 225 3,439 547 1,329 127 3,680 516 3,98b i, 45 b * Not including reinstatements. Total. —Separations by removal, resignation and death ..4.297 —Appointments and reappointments.4.19b “ —Reductions.1,45b “ —Promotions.3,98b It will be seen that a majority of the removals occurred in the unclassified branches—those covered in part by subsequent classifications, but that even in the case of these, in the entire departmental service, the total for the full period was but an average of about 300 a year, with 664 resignations to be added. The figures you give for the classified branches may be explained briefly and conclusively. Of the 1,069 removals in these, more than 800 were made in pursuance of the Dockery Retrenchment Acts, mainly where positions were ut¬ terly abolished. You could hardly have been ignorant of that fact when you wrote that “ In the War Department 324 of those covered by the civil service were actually removed and 239 resigned, and these places filled and seized upon by the tidal wave of reform.” All but eight of the removals in the classified service of the War Department were occasioned by the Dockery legislation. I might congratulate you on the fact that owing to the patriotic action of President McKinley, even the unrighteous removals of which you complain will occur less frequently in the future, were it not for the strangely anomalous character of your reasoning. You devote quite a third of your speech to an exposition of the “ brutality ” of political removals, in certain branches of the service, and another third, in the ag¬ gregate, to an argument for the application of the same prin¬ ciples to every branch. 12 THE TREATMENT OF VETERANS. (IV.) To return briefly to your tables, I quote you as fol¬ lows : “ They succeeded during this administration in getting out of those departments 1,028 Union soldiers : 550 were appointed, but largely by promotion from lower grades, and this is the performance that stands to-day unrebuked, etc., etc.” Again excepting the Department of Agriculture, it appears that the total separation of veterans, by removal, resignation and death, tvas 873, of whom but 513 were removed. During the same period 375 were appointed and 329 were promoted. The latter were not included in the total of appointments; they were additional. THE PRINCIPLES OF WASHINGTON. (V.) As an excuse for indiscriminate political proscrip¬ tion, with removals of officers of every grade at the end of a stated period, and in the manner you have so sternly condemned, you quote the following from a letter of Washington to Pick¬ ering, then Secretary of War: “ I shall not, whilst 1 have the honor to administer the Government, bring a man into any office of consequence knowingly whose political tenets are adverse to the measures which the General Government are pursuing ; for this, in my opinion, would be a sort of political suicide. That it would embarass its movements is most certain. But of two men equally well affected to the true interests of their country, of equal abili¬ ties and equally disposed to lend their support, it is the part of prudence to give the preference to him against whom the least clamor can be ex¬ cited. For such a one my inquiries have been made, and are still making. How far I shall succeed is at this moment problematical.” Having invoked this high authority you exclaim, with evi¬ dent feeling: “Little did he ever dream that the hour would come in American his¬ tory when the President would have been forced by law to yield the ap¬ pointing power, given him by the terms of the Constitution, to a bureau independent of the President, and whose orders, if he shall violate them, will lay him liable to indictment and impeachment.” Is it possible, Sir, that you have not read the whole of the letter from which you quote ? And are you really unaware of the fact that the office which, according to the very language of that letter, Washington had in mind, was the Attorney-Gen¬ eralship—a place in his own Cabinet ? For you to resort to such a precedent as a reason for turning out any officer now in the classified service who may differ from the President in his notions about the tariff or the currency, is manifestly absurd. There is not a single officer having to do with the policies of the government who is not selected to-day for Washington’s reasons, and without restrictions of any sort except those fixed by the Constitution. There are 4,800 such officers, appointed 13 by the President, to whom the civil service act has no relation whatever. When we come to the ;z